General Services Administration Acquisition Regulation; Standardizing Federal Supply Schedule Clause and Provision Prescriptions, 15941-15944 [2023-04733]
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II. Information About the Documents
Two sections of the Clean Air Act
(CAA or the Act) govern the
establishment and revision of the
NAAQS. Section 108 directs the
Administrator to identify and list
certain air pollutants and then issue ‘‘air
quality criteria’’ for those pollutants.
The air quality criteria are to
‘‘accurately reflect the latest scientific
knowledge useful in indicating the kind
and extent of all identifiable effects on
public health or welfare which may be
expected from the presence of such
pollutant in the ambient air . . .’’ (CAA
section 108(a)(2)). Under section 109 of
the Act, the EPA is then to establish
primary (health-based) and secondary
(welfare-based) NAAQS for each
pollutant for which the EPA has issued
air quality criteria. Section 109(d)(1) of
the Act requires periodic review and, if
appropriate, revision of existing air
quality criteria. Revised air quality
criteria are to reflect advances in
scientific knowledge on the effects of
the pollutant on public health and
welfare. Under the same provision, the
EPA is also to periodically review and,
if appropriate, revise the NAAQS, based
on the revised air quality criteria.
The Act additionally requires
appointment of an independent
scientific review committee that is to
periodically review the existing air
quality criteria and NAAQS and to
recommend any new standards and
revisions of existing criteria and
standards as may be appropriate (CAA
section 109(d)(2)(A)–(B)). Since the
early 1980s, the requirement for an
independent scientific review
committee has been fulfilled by the
Clean Air Scientific Advisory
Committee (CASAC).
In December 2020, the EPA
announced its decision to retain the
primary and secondary O3 standards,
without revision (85 FR 87256,
December 31, 2020). On October 29,
2021, the Agency announced its
decision to reconsider the 2020 O3
NAAQS final action.1 In its
1 The press release for this announcement is
available at https://www.epa.gov/ground-levelozone-pollution/epa-reconsider-previousadministrations-decision-retain-2015-ozone.
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announcement of the reconsideration,
the Agency explained that it would
reconsider the 2020 decision to retain
2015 standards based on the existing
scientific record. In support of the
reconsideration, the EPA is developing
an updated PA. The PA, when final,
serves to ‘‘bridge the gap’’ between the
scientific and technical information in
the 2020 ISA and any air quality,
exposure and risk analyses available in
the reconsideration, and the judgements
required of the Administrator.
In April 2022, the EPA made available
to the public and to the CASAC Ozone
Review Panel a prior version of this
draft PA. After receiving a briefing from
the EPA on the draft document (87 FR
19501, April 4, 2022), the Panel issued
a memo indicating that the Panel would
pause its review to deliberate on
whether a fuller discussion of the
science was needed prior to its review
of the draft PA.2 Following that
deliberation, the Panel engaged in a
fuller discussion of the scientific
information at a number of public
meetings (87 FR 41309, July 12, 2022; 87
FR 60394, October 5, 2022). Based on
this discussion, the CASAC determined
‘‘that the existing scientific evidence
summarized in the 2020 ISA provides a
scientifically sound foundation for the
Agency’s reconsideration of the 2020
Ozone NAAQS decision’’ and that it
was not recommending that the 2020
ISA be reopened or revised.3 The
CASAC’s letter to the Agency regarding
its review of the 2020 ISA included
comments that referenced the PA.
Consideration of those comments led to
the development of this second version
of the draft PA for the reconsideration,
which is announced in this notice of
availability. The draft PA largely builds
upon the information presented in the
2020 ISA, the 2020 PA and additional
analyses that informed the 2020
decision. This draft PA will be available
on or about March 1, 2023, on the EPA’s
website at https://www.epa.gov/naaqs/
ozone-o3-air-quality-standards. The
EPA is soliciting advice and
recommendations from the CASAC by
means of a review of this draft
2 May 13, 2022, letter from Elizabeth A.
Sheppard, Chair, Clean Air Scientific Advisory
Committee, to CASAC Ozone Review Panel
Members. Re: CASAC Ozone Review Panel Meeting.
Available at: https://casac.epa.gov/ords/sab/
f?p=105:19:17341438189034:::19:P19_
ID:972#materials.
3 November 22, 2022, letter from Elizabeth A.
Sheppard, Chair, Clean Air Scientific Advisory
Committee, to Administrator Michael S. Regan. Re:
CASAC Review of the EPA’s Integrated Science
Assessment (ISA) for Ozone and Related
Photochemical Oxidants (Final Report—April
2020). EPA–CASAC–23–001. Available at: https://
casac.epa.gov/ords/sab/f?p=105:18:
8476900499267:::RP,18:P18_ID:2614.
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document in an upcoming public
meeting of the CASAC. Information
about this public meeting, including the
dates and location, was published as a
separate notice in the Federal Register
on February 13, 2023 (88 FR 9275).
Following the CASAC meeting, the EPA
will consider comments received from
the CASAC and the public in preparing
the final PA.
The draft document briefly described
above does not represent and should not
be construed to represent any final EPA
policy, viewpoint, or determination.
The EPA will consider any public
comments submitted in response to this
notice when revising the document.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and
Standards.
[FR Doc. 2023–05237 Filed 3–14–23; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 538
[GSAR Case 2022–G514; Docket No. GSA–
GSAR–2023–0009; Sequence No. 1]
RIN 3090–AK58
General Services Administration
Acquisition Regulation; Standardizing
Federal Supply Schedule Clause and
Provision Prescriptions
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Proposed rule.
AGENCY:
The General Services
Administration is proposing to amend
the General Services Administration
Acquisition Regulation (GSAR) to
clarify when GSAR clauses apply to
Federal Supply Schedule contracts.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before May 15, 2023
to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in
response to GSAR Case 2022–G514 to:
https://www.regulations.gov via the
Federal eRulemaking portal by
searching for ‘‘GSAR Case 2022–G514’’.
Select the link ‘‘Comment Now’’ that
corresponds with GSAR Case 2022–
G514. Follow the instructions provided
at the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘GSAR Case 2022–G514’’ on
your attached document. If your
comment cannot be submitted using
https://www.regulations.gov, call or
SUMMARY:
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email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite GSAR Case 2022–G514, 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: For
clarification of content, contact Ms.
Adina Torberntsson, Procurement
Analyst, at gsarpolicy@gsa.gov or (720)
475–0568. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at gsaregsec@
gsa.gov or 202–501–4755. Please cite
GSAR Case 2022–G514.
SUPPLEMENTARY INFORMATION:
I. Background
The General Services Administration
(GSA) conducts routine reviews of its
acquisition regulations. Routine review
of the GSAR, as well as feedback from
GSA’s operational offices, prompted this
change. The review indicated a need for
improved communication to address
when the GSAR clauses apply to
Federal Supply Schedule contracts
established by a delegated agency.
The GSA Schedule, also known as
Federal Supply Schedule (FSS), and
Multiple Award Schedule (MAS), is a
long-term governmentwide contract
with commercial companies that
provide access to millions of
commercial products and services at fair
and reasonable prices to the Federal
Government. GSA may delegate certain
responsibilities to other agencies (e.g.,
GSA has delegated authority to the
Department of Veterans Affairs (VA) to
procure medical supplies under the VA
Federal Supply Schedules Program).
Such delegation provides the
authorized agency autonomy over their
resulting contract. The contract is
published on the Federal Supply
Schedule website, and often looks like
every other available FSS contract apart
from the naming convention. Contracts
administered solely by GSA have a
‘‘GS’’ naming convention.
This change will streamline the
prescription language. Prescription
language is the language that instructs
when a clause is to be applied, when
establishing a Schedule contract.
II. Discussion and Analysis
This rule proposes to clarify when the
GSAR clauses apply to Federal Supply
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Schedule contracts including those
awarded under a GSA delegation. The
only current delegation is to the
Department of Veteran Affairs (VA).
GSA may delegate authority when
requested to by an external agency, with
the delegation being approved by the
Administrator of GSA. Currently the
only agency who has such delegation is
the Department of Veterans Affairs. In
accordance with 40 U.S.C. 121(d), the
operation and management of health
care related Federal Supply Schedule
Contracts pursuant to 40 U.S.C. 501, are
currently delegated by GSA to the
Department of Veterans Affairs.
FAR 38.000 identifies that the FSS
program is owned and managed by
GSA. GSA authorizes the VA to award
Schedule contracts as described in FAR
38.101(d). Although GSA delegates the
VA to create and maintain schedules to
assist with their programs, the VA is
required to adhere to GSA policy in
maintaining these Schedules. This is
further described within the
authorization letter provided to the VA.
This rule provides streamlined
language for the prescription of Federal
Supply Schedule clauses at GSAR
538.273. This rule also clarifies the
steps that need to be taken if an outside
agency wants to deviate from those
clauses at GSAR 538.201.
III. Expected Impact of the Rule
GSA believes that the existing GSAR
clauses are currently being used
correctly. This change will have no
impact on the approximately 13,000
FSS contractors already using the
existing clauses. The changes do not
alter the manner in which the
contractors conduct business.
However, there is an identified need
to clarify the delegation information, as
well as the Federal Supply Schedule
prescription language. The proposed
changes will only impact delegated
Government agencies (currently only
VA) to better clarify how the delegation
works, how to document the contract
file, and how to request a deviation if
needed.
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
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flexibility. OIRA has determined this
rule is not a significant regulatory action
and, therefore, is not subject to review
under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated
September 30, 1993.
V. 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., because the described changes
clarify the language and only slightly
modify the current text. The meaning
behind the changed text remains the
same, and therefore any burden would
have been identified previously.
However, an Initial Regulatory
Flexibility Analysis (IRFA) has been
prepared consistent with 5 U.S.C. 603.
The analysis is summarized as follows:
The objective of the rule is to improve the
understanding of delegation and
coordination expectations of FSS policies for
delegated agencies.
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. In addition, 41 U.S.C. 152
provides GSA authority over the FSS
program.
The rule applies to large and small
businesses, which are awarded FSS
contracts. Information generated from the
System for Award Management (SAM), for
Fiscal Year 2022 has been used as the basis
for estimating the number of contractors that
may be involved. Specifically, FSS contracts
for delegated agencies (i.e., Department of
Veteran Affairs) were analyzed. Examination
of this data revealed 1,700 applicable FSS
contracts were awarded. Of these 1,700 new
awards, 1,417 (83 percent) contract awards
were to small business entities.
The rule does not change reporting,
recordkeeping, or other compliance
requirements for FSS contracts. The rule
merely clarifies requirements currently in use
in FSS solicitations and contracts, and does
not implement new or changed requirements.
The rule does not duplicate, overlap, or
conflict with any other Federal rules.
There are no known alternatives to this
rule which would accomplish the stated
objectives. This rule does not initiate or
impose any new administrative or
performance requirements on small business
contractors because the policies are already
being followed. The rule merely clarifies
language in the GSAR to make it more
accessible to the reader by removing
references to outdated clauses or excessive
language.
The Regulatory Secretariat Division
will be submitting a copy of the IRFA
to the Chief Counsel for Advocacy of the
Small Business Administration. A copy
of the IRFA may be obtained from the
Regulatory Secretariat Division. GSA
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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 this 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 2022–G514) in
correspondence.
VI. Paperwork Reduction Act
The proposed 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
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
Therefore, GSA proposes to amend 48
CFR part 538 as set forth below:
■ 1. The authority citation for 48 CFR
part 538 continues to read as follows:
Authority: 40 U.S.C. 121(c).
PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
2. Add sections 538.000 and 538.001
to read as follows:
■
538.000
Scope of part.
(a) This part prescribes policies and
procedures for contracting for supplies
and services under the Federal Supply
Schedule (FSS) program. GSA may
delegate certain responsibilities for
other agency acquisition programs as
they relate to the establishment of
individual federal supply schedules.
(b) The authority of other agencies to
award FSS contracts can only be
accomplished through delegation from
GSA. An agency delegated authority by
GSA to award contracts under the FSS
program is responsible for complying
with GSA regulations and policies that
apply to the FSS program, unless an
exception is approved by GSA (see
538.001).
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538.001
General.
If a policy, regulation, or clause is
identified as not applicable or in
conflict to what is delegated by GSA,
the delegated agency shall submit a
determination and finding supporting
the rationale as to why it does not
apply, or is in conflict, in accordance
with the delegation that was already
received from GSA. The determination
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and finding must be approved by the
GSA Senior Procurement Executive, the
FAS Commissioner of the Federal
Acquisition Service (FAS) or a designee.
■ 3. Revise section 538.273 to read as
follows:
538.273 FSS solicitation provisions and
contract clauses.
The following clauses and provisions
apply to FSS solicitations and contracts,
unless otherwise excepted (see 538.001)
or as otherwise stated below. For
example, if only used in solicitations,
the prescription will clearly state this. If
the language does not specify
‘‘solicitations’’ then the clause applies
to both FSS solicitations and contracts.
(a) Insert the following provisions in
FSS solicitations:
(1) 552.238–70, Cover Page for
Worldwide Federal Supply Schedules.
Use in all FSS solicitations.
(2) 552.238–71, Notice of Total Small
Business Set-Aside. Use in FSS
solicitations containing special item
numbers (SINs) that are set aside for
small business.
(3) 552.238–72, Information
Collection Requirements. Use in all FSS
solicitations.
(b) Insert the following clauses and
provisions in FSS solicitations and
contracts as an addendum to FAR
52.212–1, Instructions to Offerors—
Commercial Products and Commercial
Services:
(1) 552.238–73, Identification of
Electronic Office Equipment Providing
Accessibility for Individuals with
Disabilities.
(2) 552.238–74, Introduction of New
Supplies/Services (INSS). Only for those
solicitations allowing the introduction
of new supplies/services. Note: GSA
Form 1649, Notification of Federal
Supply Schedule Improvement, may be
required if revising a Special Item
Number (SIN).
(c) Insert the following provisions in
FSS solicitations as an addendum to
FAR 52.212–2, Evaluation—Commercial
Products and Commercial Services:
(1) 552.238–75, Evaluation—
Commercial Products and Commercial
Services (Federal Supply Schedule).
(2) 552.238–76, Use of NonGovernment Employees to Review
Offers. Use only in FSS solicitations
when non-government employees may
be utilized to review solicitation
responses.
(d) Insert the following clauses in FSS
solicitations and contracts as an
addendum to FAR 52.212–4, Contract
Terms and Conditions—Commercial
Products and Commercial Services:
(1) 552.238–77, Submission and
Distribution of Authorized Federal
Supply Schedule Price Lists.
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(2) 552.238–78, Identification of
Products that have Environmental
Attributes. Use only in solicitations and
contracts that contemplate products
with environmental attributes.
(3) 552.238–79, Cancellation.
(4) 552.238–80, Industrial Funding
Fee and Sales Reporting. Use Alternate
I for FSS with Transactional Data
Reporting requirements.
(5) 552.238–81, Price Reductions. Use
Alternate I for FSS with Transactional
Data Reporting requirements.
(6) 552.238–82, Modifications
(Federal Supply Schedules).
(i) Use Alternate I for FSS that only
accept eMod.
(ii) Use Alternate II for FSS with
Transactional Data Reporting
requirements.
(7) 552.238–83, Examination of
Records by GSA (Federal Supply
Schedules).
(8) 552.238–84, Discounts for Prompt
Payment.
(9) 552.238–85, Contractor’s Billing
Responsibilities.
(10) 552.238–86, Delivery Schedule.
Use only for supplies.
(11) 552.238–87, Delivery Prices.
(12) 552.238–88, GSA Advantage!®.
This clause is not required for the
Department of Veterans Affairs Federal
Supply Schedules.
(13) 552.238–89, Deliveries to the U.S.
Postal Service. Use only for mailable
articles when delivery to a U.S. Postal
Service (USPS) facility is contemplated.
(14) 552.238–90, Characteristics of
Electric Current. Use only when the
supply of equipment which uses
electrical current is contemplated.
(15) 552.238–91, Marking and
Documentation Requirements for
Shipping. Use only for supplies when
the need for outlining the minimum
information and documentation
required for shipping is contemplated.
(16) 552.238–92, Vendor Managed
Inventory (VMI) Program. Use only for
supplies when a VMI Program is
contemplated.
(17) 552.238–93, Order
Acknowledgement. Use only for
supplies.
(18) 552.238–94, Accelerated Delivery
Requirements. Use only for supplies.
(19) 552.238–95, Separate Charge for
Performance Oriented Packaging (POP).
Use only for products defined as
hazardous under Federal Standard No.
313.
(20) 552.238–96, Separate Charge for
Delivery within Consignee’s Premises.
Use only for supplies when allowing
offerors to propose separate charges for
deliveries within the consignee’s
premises.
(21) 552.238–97, Parts and Service.
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(22) 552.238–98, Clauses for Overseas
Coverage. Use only when overseas
acquisition is contemplated. Choose the
most appropriate clause(s) to the
contract scenario. For example there are
multiple free on board (F.o.b.) clauses.
Select those that apply best to what is
being procured. The following clauses
and provisions shall also be inserted in
full text, when applicable.
(i) FAR 52.214–34 Submission of
Offers in the English Language.
(ii) FAR 52.214–35 Submission of
Offers in U.S. Currency.
(iii) 552.238–90 Characteristics of
Electric Current.
(iv) 552.238–91 Marking and
Documentation Requirements for
Shipping.
(v) 552.238–97 Parts and Service.
(vi) 552.238–99 Delivery Prices
Overseas.
(vii) 552.238–100 Transshipments.
(viii) 552.238–101 Foreign Taxes and
Duties.
(ix) FAR 52.247–29 F.o.b Origin.
(x) FAR 52.247–34 F.o.b. Destination.
(xi) FAR 52.247–48 F.o.b. DestinationEvidence of Shipment.
(23) 552.238–99, Delivery Prices
Overseas. Use only when overseas
acquisition is contemplated.
(24) 552.238–100, Transshipments.
Use only when overseas acquisition is
contemplated.
(25) 552.238–101, Foreign Taxes and
Duties. Use only when overseas
acquisition is contemplated.
(26) 552.238–102, English Language
and U.S. Dollar Requirements.
(27) 552.238–103, Electronic
Commerce. This clause is not required
for Department of Veterans Affairs
Federal Supply Schedules.
(28) 552.238–104, Dissemination of
Information by Contractor.
(29) 552.238–105, Deliveries Beyond
the Contractual Period-Placing of
Orders.
(30) 552.238–106, Interpretation of
Contract Requirements.
(31) 552.238–107, Export Traffic
Release (Supplies). Use in FSS
solicitations and contracts for supplies.
This clause is not required for vehicles.
(32) 552.238–108, Spare Parts Kit. Use
only for products requiring spare part
kits. This information is to be specified
at the order level.
(33) 552.238–109, Authentication
Supplies and Services. Use only for
information technology associated with
the Homeland Security Presidential
Directive 12 (HSPD–12).
(34) 552.238–110, Commercial
Satellite Communication
(COMSATCOM) Services. Use only for
COMSATCOM services.
(35) 552.238–111, Environmental
Protection Agency Registration
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Requirement. Use only when products
may require registration with the
Environmental Protection Agency.
(36) 552.238–116, Option to Extend
the Term of the FSS Contract. Use 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’’.
[FR Doc. 2023–04733 Filed 3–14–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230309–0071; RTID 0648–
XC579]
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Approval of 2023 and 2024
Sector Operations Plans and
Allocation of 2023 Northeast
Multispecies Annual Catch
Entitlements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
We propose to approve sector
operations plans and contracts, grant
regulatory exemptions for fishing years
2023 and 2024, and propose Northeast
multispecies allocations of annual catch
entitlements to approved groundfish
sectors for fishing year 2023. Approval
of sector operations plans and contracts
is necessary for sectors to operate and
receive allocations of annual catch
entitlements. This action is intended to
allow limited access permit holders to
continue to operate or form sectors, as
authorized under the Northeast
Multispecies Fishery Management Plan,
and to exempt sectors from certain effort
control regulations to improve the
efficiency and economics of sector
vessels.
SUMMARY:
Comments must be received on
or before March 30, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0009 by the following
methods:
DATES:
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• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2023–0009 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of each sector’s operations
plan and contract from fishing years
2021–2022; the Sector Operations Plan
Guide for Fishing Years 2023–2024,
which includes NMFS recommended
changes for final sector operations plans
for fishing years 2023–2024, as well as
the programmatic environmental
assessment for sectors operations in
fishing years 2015 to 2020; and other
supporting documents are available
from the NMFS Greater Atlantic
Regional Fisheries Office (GARFO):
Contact Samantha Tolken at
Samantha.Tolken@noaa.gov. These
documents are also accessible via the
Federal eRulemaking Portal: https://
www.regulations.gov.
To review Federal Register
documents referenced in this rule, you
can visit: https://www.fisheries.
noaa.gov/management-plan/northeastmultispecies-management-plan.
FOR FURTHER INFORMATION CONTACT:
Samantha Tolken, Fishery Management
Specialist, (978) 675–2176.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery
Management Plan (FMP) defines a
sector as ‘‘a group of persons holding
limited access Northeast multispecies
permits who have voluntarily entered
into a contract and agree to certain
fishing restrictions for a specified period
of time, and which has been granted a
TAC(s) [sic] in order to achieve
objectives consistent with applicable
FMP goals and objectives.’’ A sector
must be comprised of at least three
Northeast multispecies permits issued
to at least three different persons, none
E:\FR\FM\15MRP1.SGM
15MRP1
]]>Agencies
[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Proposed Rules]
[Pages 15941-15944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04733]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 538
[GSAR Case 2022-G514; Docket No. GSA-GSAR-2023-0009; Sequence No. 1]
RIN 3090-AK58
General Services Administration Acquisition Regulation;
Standardizing Federal Supply Schedule Clause and Provision
Prescriptions
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration is proposing to amend the
General Services Administration Acquisition Regulation (GSAR) to
clarify when GSAR clauses apply to Federal Supply Schedule contracts.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
May 15, 2023 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to GSAR Case 2022-G514 to:
https://www.regulations.gov via the Federal eRulemaking portal by
searching for ``GSAR Case 2022-G514''. Select the link ``Comment Now''
that corresponds with GSAR Case 2022-G514. Follow the instructions
provided at the ``Comment Now'' screen. Please include your name,
company name (if any), and ``GSAR Case 2022-G514'' on your attached
document. If your comment cannot be submitted using https://www.regulations.gov, call or
[[Page 15942]]
email the points of contact in the FOR FURTHER INFORMATION CONTACT
section of this document for alternate instructions.
Instructions: Please submit comments only and cite GSAR Case 2022-
G514, 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: For clarification of content, contact
Ms. Adina Torberntsson, Procurement Analyst, at [email protected] or
(720) 475-0568. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat at [email protected] or
202-501-4755. Please cite GSAR Case 2022-G514.
SUPPLEMENTARY INFORMATION:
I. Background
The General Services Administration (GSA) conducts routine reviews
of its acquisition regulations. Routine review of the GSAR, as well as
feedback from GSA's operational offices, prompted this change. The
review indicated a need for improved communication to address when the
GSAR clauses apply to Federal Supply Schedule contracts established by
a delegated agency.
The GSA Schedule, also known as Federal Supply Schedule (FSS), and
Multiple Award Schedule (MAS), is a long-term governmentwide contract
with commercial companies that provide access to millions of commercial
products and services at fair and reasonable prices to the Federal
Government. GSA may delegate certain responsibilities to other agencies
(e.g., GSA has delegated authority to the Department of Veterans
Affairs (VA) to procure medical supplies under the VA Federal Supply
Schedules Program).
Such delegation provides the authorized agency autonomy over their
resulting contract. The contract is published on the Federal Supply
Schedule website, and often looks like every other available FSS
contract apart from the naming convention. Contracts administered
solely by GSA have a ``GS'' naming convention.
This change will streamline the prescription language. Prescription
language is the language that instructs when a clause is to be applied,
when establishing a Schedule contract.
II. Discussion and Analysis
This rule proposes to clarify when the GSAR clauses apply to
Federal Supply Schedule contracts including those awarded under a GSA
delegation. The only current delegation is to the Department of Veteran
Affairs (VA). GSA may delegate authority when requested to by an
external agency, with the delegation being approved by the
Administrator of GSA. Currently the only agency who has such delegation
is the Department of Veterans Affairs. In accordance with 40 U.S.C.
121(d), the operation and management of health care related Federal
Supply Schedule Contracts pursuant to 40 U.S.C. 501, are currently
delegated by GSA to the Department of Veterans Affairs.
FAR 38.000 identifies that the FSS program is owned and managed by
GSA. GSA authorizes the VA to award Schedule contracts as described in
FAR 38.101(d). Although GSA delegates the VA to create and maintain
schedules to assist with their programs, the VA is required to adhere
to GSA policy in maintaining these Schedules. This is further described
within the authorization letter provided to the VA.
This rule provides streamlined language for the prescription of
Federal Supply Schedule clauses at GSAR 538.273. This rule also
clarifies the steps that need to be taken if an outside agency wants to
deviate from those clauses at GSAR 538.201.
III. Expected Impact of the Rule
GSA believes that the existing GSAR clauses are currently being
used correctly. This change will have no impact on the approximately
13,000 FSS contractors already using the existing clauses. The changes
do not alter the manner in which the contractors conduct business.
However, there is an identified need to clarify the delegation
information, as well as the Federal Supply Schedule prescription
language. The proposed changes will only impact delegated Government
agencies (currently only VA) to better clarify how the delegation
works, how to document the contract file, and how to request a
deviation if needed.
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.
OIRA has determined this rule is not a significant regulatory action
and, therefore, is not subject to review under section 6(b) of E.O.
12866, Regulatory Planning and Review, dated September 30, 1993.
V. 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.,
because the described changes clarify the language and only slightly
modify the current text. The meaning behind the changed text remains
the same, and therefore any burden would have been identified
previously. However, an Initial Regulatory Flexibility Analysis (IRFA)
has been prepared consistent with 5 U.S.C. 603. The analysis is
summarized as follows:
The objective of the rule is to improve the understanding of
delegation and coordination expectations of FSS policies for
delegated agencies.
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. In addition, 41 U.S.C.
152 provides GSA authority over the FSS program.
The rule applies to large and small businesses, which are
awarded FSS contracts. Information generated from the System for
Award Management (SAM), for Fiscal Year 2022 has been used as the
basis for estimating the number of contractors that may be involved.
Specifically, FSS contracts for delegated agencies (i.e., Department
of Veteran Affairs) were analyzed. Examination of this data revealed
1,700 applicable FSS contracts were awarded. Of these 1,700 new
awards, 1,417 (83 percent) contract awards were to small business
entities.
The rule does not change reporting, recordkeeping, or other
compliance requirements for FSS contracts. The rule merely clarifies
requirements currently in use in FSS solicitations and contracts,
and does not implement new or changed requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no known alternatives to this rule which would
accomplish the stated objectives. This rule does not initiate or
impose any new administrative or performance requirements on small
business contractors because the policies are already being
followed. The rule merely clarifies language in the GSAR to make it
more accessible to the reader by removing references to outdated
clauses or excessive language.
The Regulatory Secretariat Division will be submitting a copy of
the IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. GSA
[[Page 15943]]
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 this 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 2022-G514) in
correspondence.
VI. Paperwork Reduction Act
The proposed 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
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA proposes to amend 48 CFR part 538 as set forth
below:
0
1. The authority citation for 48 CFR part 538 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
0
2. Add sections 538.000 and 538.001 to read as follows:
538.000 Scope of part.
(a) This part prescribes policies and procedures for contracting
for supplies and services under the Federal Supply Schedule (FSS)
program. GSA may delegate certain responsibilities for other agency
acquisition programs as they relate to the establishment of individual
federal supply schedules.
(b) The authority of other agencies to award FSS contracts can only
be accomplished through delegation from GSA. An agency delegated
authority by GSA to award contracts under the FSS program is
responsible for complying with GSA regulations and policies that apply
to the FSS program, unless an exception is approved by GSA (see
538.001).
538.001 General.
If a policy, regulation, or clause is identified as not applicable
or in conflict to what is delegated by GSA, the delegated agency shall
submit a determination and finding supporting the rationale as to why
it does not apply, or is in conflict, in accordance with the delegation
that was already received from GSA. The determination and finding must
be approved by the GSA Senior Procurement Executive, the FAS
Commissioner of the Federal Acquisition Service (FAS) or a designee.
0
3. Revise section 538.273 to read as follows:
538.273 FSS solicitation provisions and contract clauses.
The following clauses and provisions apply to FSS solicitations and
contracts, unless otherwise excepted (see 538.001) or as otherwise
stated below. For example, if only used in solicitations, the
prescription will clearly state this. If the language does not specify
``solicitations'' then the clause applies to both FSS solicitations and
contracts.
(a) Insert the following provisions in FSS solicitations:
(1) 552.238-70, Cover Page for Worldwide Federal Supply Schedules.
Use in all FSS solicitations.
(2) 552.238-71, Notice of Total Small Business Set-Aside. Use in
FSS solicitations containing special item numbers (SINs) that are set
aside for small business.
(3) 552.238-72, Information Collection Requirements. Use in all FSS
solicitations.
(b) Insert the following clauses and provisions in FSS
solicitations and contracts as an addendum to FAR 52.212-1,
Instructions to Offerors--Commercial Products and Commercial Services:
(1) 552.238-73, Identification of Electronic Office Equipment
Providing Accessibility for Individuals with Disabilities.
(2) 552.238-74, Introduction of New Supplies/Services (INSS). Only
for those solicitations allowing the introduction of new supplies/
services. Note: GSA Form 1649, Notification of Federal Supply Schedule
Improvement, may be required if revising a Special Item Number (SIN).
(c) Insert the following provisions in FSS solicitations as an
addendum to FAR 52.212-2, Evaluation--Commercial Products and
Commercial Services:
(1) 552.238-75, Evaluation--Commercial Products and Commercial
Services (Federal Supply Schedule).
(2) 552.238-76, Use of Non-Government Employees to Review Offers.
Use only in FSS solicitations when non-government employees may be
utilized to review solicitation responses.
(d) Insert the following clauses in FSS solicitations and contracts
as an addendum to FAR 52.212-4, Contract Terms and Conditions--
Commercial Products and Commercial Services:
(1) 552.238-77, Submission and Distribution of Authorized Federal
Supply Schedule Price Lists.
(2) 552.238-78, Identification of Products that have Environmental
Attributes. Use only in solicitations and contracts that contemplate
products with environmental attributes.
(3) 552.238-79, Cancellation.
(4) 552.238-80, Industrial Funding Fee and Sales Reporting. Use
Alternate I for FSS with Transactional Data Reporting requirements.
(5) 552.238-81, Price Reductions. Use Alternate I for FSS with
Transactional Data Reporting requirements.
(6) 552.238-82, Modifications (Federal Supply Schedules).
(i) Use Alternate I for FSS that only accept eMod.
(ii) Use Alternate II for FSS with Transactional Data Reporting
requirements.
(7) 552.238-83, Examination of Records by GSA (Federal Supply
Schedules).
(8) 552.238-84, Discounts for Prompt Payment.
(9) 552.238-85, Contractor's Billing Responsibilities.
(10) 552.238-86, Delivery Schedule. Use only for supplies.
(11) 552.238-87, Delivery Prices.
(12) 552.238-88, GSA Advantage![supreg]. This clause is not
required for the Department of Veterans Affairs Federal Supply
Schedules.
(13) 552.238-89, Deliveries to the U.S. Postal Service. Use only
for mailable articles when delivery to a U.S. Postal Service (USPS)
facility is contemplated.
(14) 552.238-90, Characteristics of Electric Current. Use only when
the supply of equipment which uses electrical current is contemplated.
(15) 552.238-91, Marking and Documentation Requirements for
Shipping. Use only for supplies when the need for outlining the minimum
information and documentation required for shipping is contemplated.
(16) 552.238-92, Vendor Managed Inventory (VMI) Program. Use only
for supplies when a VMI Program is contemplated.
(17) 552.238-93, Order Acknowledgement. Use only for supplies.
(18) 552.238-94, Accelerated Delivery Requirements. Use only for
supplies.
(19) 552.238-95, Separate Charge for Performance Oriented Packaging
(POP). Use only for products defined as hazardous under Federal
Standard No. 313.
(20) 552.238-96, Separate Charge for Delivery within Consignee's
Premises. Use only for supplies when allowing offerors to propose
separate charges for deliveries within the consignee's premises.
(21) 552.238-97, Parts and Service.
[[Page 15944]]
(22) 552.238-98, Clauses for Overseas Coverage. Use only when
overseas acquisition is contemplated. Choose the most appropriate
clause(s) to the contract scenario. For example there are multiple free
on board (F.o.b.) clauses. Select those that apply best to what is
being procured. The following clauses and provisions shall also be
inserted in full text, when applicable.
(i) FAR 52.214-34 Submission of Offers in the English Language.
(ii) FAR 52.214-35 Submission of Offers in U.S. Currency.
(iii) 552.238-90 Characteristics of Electric Current.
(iv) 552.238-91 Marking and Documentation Requirements for
Shipping.
(v) 552.238-97 Parts and Service.
(vi) 552.238-99 Delivery Prices Overseas.
(vii) 552.238-100 Transshipments.
(viii) 552.238-101 Foreign Taxes and Duties.
(ix) FAR 52.247-29 F.o.b Origin.
(x) FAR 52.247-34 F.o.b. Destination.
(xi) FAR 52.247-48 F.o.b. Destination-Evidence of Shipment.
(23) 552.238-99, Delivery Prices Overseas. Use only when overseas
acquisition is contemplated.
(24) 552.238-100, Transshipments. Use only when overseas
acquisition is contemplated.
(25) 552.238-101, Foreign Taxes and Duties. Use only when overseas
acquisition is contemplated.
(26) 552.238-102, English Language and U.S. Dollar Requirements.
(27) 552.238-103, Electronic Commerce. This clause is not required
for Department of Veterans Affairs Federal Supply Schedules.
(28) 552.238-104, Dissemination of Information by Contractor.
(29) 552.238-105, Deliveries Beyond the Contractual Period-Placing
of Orders.
(30) 552.238-106, Interpretation of Contract Requirements.
(31) 552.238-107, Export Traffic Release (Supplies). Use in FSS
solicitations and contracts for supplies. This clause is not required
for vehicles.
(32) 552.238-108, Spare Parts Kit. Use only for products requiring
spare part kits. This information is to be specified at the order
level.
(33) 552.238-109, Authentication Supplies and Services. Use only
for information technology associated with the Homeland Security
Presidential Directive 12 (HSPD-12).
(34) 552.238-110, Commercial Satellite Communication (COMSATCOM)
Services. Use only for COMSATCOM services.
(35) 552.238-111, Environmental Protection Agency Registration
Requirement. Use only when products may require registration with the
Environmental Protection Agency.
(36) 552.238-116, Option to Extend the Term of the FSS Contract.
Use 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''.
[FR Doc. 2023-04733 Filed 3-14-23; 8:45 am]
BILLING CODE P
