General Services Administration Acquisition Regulation; Remove Purchase Card Payment Clause, 43256-43257 [2023-14142]

Download as PDF 43256 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Rules and Regulations (ACTION 1) and CONDITION 10 (OPTION 2) (ACTION 2) inspections specified in Table 4 of the Accomplishment Instruction of Boeing Alert Requirements Bulletin 747–53A2909 RB, dated September 21, 2022, no further action is required by this AD for that end stringer splice assembly. (h) Exceptions to Service Information Specifications (1) Where the Compliance Time column and certain notes of the tables in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 747–53A2909 RB, dated September 21, 2022, use the phrase ‘‘the original issue date of Requirements Bulletin 747–53A2909 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where Boeing Alert Requirements Bulletin 747–53A2909 RB, dated September 21, 2022, specifies contacting Boeing for repair instructions: This AD requires doing the repair using a method approved in accordance with the procedures specified in paragraph (i) of this AD. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. ddrumheller on DSK120RN23PROD with RULES1 (j) Related Information For more information about this AD, contact Stefanie N. Roesli, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 206–231–3964; email: Stefanie.N.Roesli@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin 747–53A2909 RB, dated September 21, 2022. (ii) [Reserved] VerDate Sep<11>2014 16:41 Jul 06, 2023 Jkt 259001 (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on June 13, 2023. Michael Linegang, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–14331 Filed 7–6–23; 8:45 am] BILLING CODE 4910–13–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 532 and 552 [GSAR Case 2023–G506; Docket No. GSA– GSAR–2023–0015; Sequence No. 1] General Services Administration Acquisition Regulation; Remove Purchase Card Payment Clause Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule; technical amendment. AGENCY: The General Services Administration is issuing this final rule as a technical amendment to remove clause 552.232–77 Payment by Government Charge Card in the General Services Administration Acquisition Regulation. DATES: Effective August 7, 2023. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Daria Giannotti, Procurement Analyst, at 215–446–2878 or GSARPolicy@ gsa.gov. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at GSARegSec@gsa.gov or 202–501–4755. Please cite GSAR Case 2023–G506. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The General Services Administration conducts routine reviews of its acquisition regulations to identify outdated content and to ensure there is no unnecessary duplication of or PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 conflict with the Federal Acquisition Regulation (FAR), pursuant to FAR 1.304. As part of this review, GSA identified: • General Services Administration Regulation (GSAR) clause 552.232–77 Payment By Government Charge Card is redundant to FAR clause 52.232–36 Payment by Third Party and should be removed. As this GSAR clause is over 10 years old, GSA does not have any historical information that explains why the duplicative GSAR clause was initially created. This rule rectified the issue. • Additionally, language regarding internal solicitation preparation instructions was identified that only addresses responsibilities of contracting officers in preparing contract documentation. As such, it is not regulatory material and removed from the GSAR. Overview of Editorial Updates GSA identified that GSA Clause 552.232–77, Payment by Government Charge Card, was redundant to FAR clause 52.232–36 Payment by Third Party and was removed. Consequently, 532.7003 was revised to remove instructions to use 552.232–77 for indefinite-delivery, indefinite-quantity (IDIQ) contracts other than Multiple Award Schedule (MAS) contracts. • MAS, also known as the Federal Supply Schedule (FSS) and the GSA Schedule, 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. Additionally, in GSAR subpart 532.70, 532.7002 only addresses responsibilities of contracting officers in preparing contract documentation regarding payment through the use of the Governmentwide commercial purchase cards. As such, it is not regulatory material and was moved from the GSAR to the non-regulatory GSAM. II. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707. Subsection (a)(1) of 41 U.S.C. 1707 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 E:\FR\FM\07JYR1.SGM 07JYR1 Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Rules and Regulations agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment because the change is technical in nature and makes conforming updates to the title and number of a referenced policy document. Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs in OMB has determined that this is not a major rule under 5 U.S.C. 804. 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. The Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) has determined that this is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. 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 II. of this preamble). Accordingly, no regulatory flexibility analysis is required and none has been prepared. ddrumheller on DSK120RN23PROD with RULES1 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 containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the VerDate Sep<11>2014 16:41 Jul 06, 2023 Jkt 259001 V. Regulatory Flexibility Act VI. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the GSAR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Parts 532 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 532 and 552 as follows: ■ 1. The authority citation for 48 CFR parts 532 and 552 continues to read as follows: Authority: 40 U.S.C. 121(c). 532.7002 43257 Solicitation requirements. (a) In solicitations for supplies and services, except FSS schedule solicitations, request offerors to indicate if they will accept payment by Governmentwide commercial purchase card. Identify the card brand(s) under the GSA SmartPay® program that may be used to make payments under the contract, on the cover page or in Section L of the solicitation. (b) For FSS schedule contracts, identify the card brand(s) under the GSA SmartPay® program that may be used to make payments under the contract in the contract award letter. (c) For orders placed by GSA, you may authorize payment by Governmentwide commercial purchase card only for orders that do not exceed $100,000 (see GSA Order, Guidance on Use of the Credit Card for Purchases (CFO 4200.1)). (d) Consider requesting offerors to designate different levels for which they may accept payment by Governmentwide commercial purchase card, for example: ‘‘If awarded a contract under this solicitation, the offeror agrees to accept payment by Governmentwide commercial purchase card for orders of: ll $2,500 or less ll $25,000 or less ll $50,000 or less ll $100,000 or less]’’ 532.7003 [Amended] 3. Amend section 532.7003 by removing the first sentence. ■ PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 552.232–77 [Removed and Reserved] 4. Remove and reserve section 552.232–77. PART 532—CONTRACT FINANCING ■ 2. Revise section 538.7002 to read as follows: [FR Doc. 2023–14142 Filed 7–6–23; 8:45 am] ■ PO 00000 Frm 00007 Fmt 4700 Sfmt 9990 BILLING CODE 6820–61–P E:\FR\FM\07JYR1.SGM 07JYR1

Agencies

[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Rules and Regulations]
[Pages 43256-43257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14142]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 532 and 552

[GSAR Case 2023-G506; Docket No. GSA-GSAR-2023-0015; Sequence No. 1]


General Services Administration Acquisition Regulation; Remove 
Purchase Card Payment Clause

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration is issuing this final rule 
as a technical amendment to remove clause 552.232-77 Payment by 
Government Charge Card in the General Services Administration 
Acquisition Regulation.

DATES: Effective August 7, 2023.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Daria Giannotti, Procurement Analyst, at 215-446-2878 or 
[email protected]. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat Division at 
[email protected] or 202-501-4755. Please cite GSAR Case 2023-G506.

SUPPLEMENTARY INFORMATION:

I. Background

    The General Services Administration conducts routine reviews of its 
acquisition regulations to identify outdated content and to ensure 
there is no unnecessary duplication of or conflict with the Federal 
Acquisition Regulation (FAR), pursuant to FAR 1.304. As part of this 
review, GSA identified:
     General Services Administration Regulation (GSAR) clause 
552.232-77 Payment By Government Charge Card is redundant to FAR clause 
52.232-36 Payment by Third Party and should be removed. As this GSAR 
clause is over 10 years old, GSA does not have any historical 
information that explains why the duplicative GSAR clause was initially 
created. This rule rectified the issue.
     Additionally, language regarding internal solicitation 
preparation instructions was identified that only addresses 
responsibilities of contracting officers in preparing contract 
documentation. As such, it is not regulatory material and removed from 
the GSAR.

Overview of Editorial Updates

    GSA identified that GSA Clause 552.232-77, Payment by Government 
Charge Card, was redundant to FAR clause 52.232-36 Payment by Third 
Party and was removed. Consequently, 532.7003 was revised to remove 
instructions to use 552.232-77 for indefinite-delivery, indefinite-
quantity (IDIQ) contracts other than Multiple Award Schedule (MAS) 
contracts.
     MAS, also known as the Federal Supply Schedule (FSS) and 
the GSA Schedule, 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.
    Additionally, in GSAR subpart 532.70, 532.7002 only addresses 
responsibilities of contracting officers in preparing contract 
documentation regarding payment through the use of the Governmentwide 
commercial purchase cards. As such, it is not regulatory material and 
was moved from the GSAR to the non-regulatory GSAM.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707. Subsection (a)(1) of 41 
U.S.C. 1707 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

[[Page 43257]]

agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because the change is technical in nature and makes conforming updates 
to the title and number of a referenced policy document.

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. 
The Office of Information and Regulatory Affairs (OIRA) in the Office 
of Management and Budget (OMB) has determined that this is not a 
significant regulatory action and, therefore, was not subject to review 
under Section 6(b) of Executive Order 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 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.
    The Office of Information and Regulatory Affairs in OMB has 
determined that this is not a major rule under 5 U.S.C. 804.

V. 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 II. of this preamble). Accordingly, no regulatory flexibility 
analysis is required and none has been prepared.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 532 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 532 and 552 as follows:

0
1. The authority citation for 48 CFR parts 532 and 552 continues to 
read as follows:

    Authority: 40 U.S.C. 121(c).

PART 532--CONTRACT FINANCING

0
2. Revise section 538.7002 to read as follows:


532.7002  Solicitation requirements.

    (a) In solicitations for supplies and services, except FSS schedule 
solicitations, request offerors to indicate if they will accept payment 
by Governmentwide commercial purchase card. Identify the card brand(s) 
under the GSA SmartPay[supreg] program that may be used to make 
payments under the contract, on the cover page or in Section L of the 
solicitation.
    (b) For FSS schedule contracts, identify the card brand(s) under 
the GSA SmartPay[supreg] program that may be used to make payments 
under the contract in the contract award letter.
    (c) For orders placed by GSA, you may authorize payment by 
Governmentwide commercial purchase card only for orders that do not 
exceed $100,000 (see GSA Order, Guidance on Use of the Credit Card for 
Purchases (CFO 4200.1)).
    (d) Consider requesting offerors to designate different levels for 
which they may accept payment by Governmentwide commercial purchase 
card, for example:
    ``If awarded a contract under this solicitation, the offeror agrees 
to accept payment by Governmentwide commercial purchase card for orders 
of:

__ $2,500 or less
__ $25,000 or less
__ $50,000 or less
__ $100,000 or less]''


532.7003  [Amended]

0
3. Amend section 532.7003 by removing the first sentence.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


552.232-77  [Removed and Reserved]

0
4. Remove and reserve section 552.232-77.

[FR Doc. 2023-14142 Filed 7-6-23; 8:45 am]
BILLING CODE 6820-61-P
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