General Services Administration Acquisition Regulation; Removing Small Disadvantaged Business Program Requirements To Align With the FAR, 11748-11749 [2024-02917]

Download as PDF 11748 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations List of Subjects in 48 CFR Parts 245 and 252 List of Subjects in 48 CFR Part 213 Government procurement. Government procurement. Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. Therefore, 48 CFR part 213 is amended as follows: PART 213—SIMPLIFIED ACQUISITION PROCEDURES 1. The authority citation for 48 CFR part 213 continues to read as follows: ■ 2. Amend section 213.301 by adding paragraph (6) to read as follows: Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. [GSAR Case 2022–G519; Docket No. 2024– 0006; Sequence No. 1] Therefore, 48 CFR parts 245 and 252 are amended as follows: General Services Administration Acquisition Regulation; Removing Small Disadvantaged Business Program Requirements To Align With the FAR 1. The authority citation for 48 CFR parts 245 and 252 continues to read as follows: ■ PART 245—GOVERNMENT PROPERTY ■ 2. Amend section 245.102 by revising paragraph (4)(ii)(C)(2) to read as follows: ■ 213.301 Governmentwide commercial purchase card. * * * * * (6) When the Governmentwide commercial purchase card is used as a method of payment for contracts or orders, follow the procedures at 232.7002(a)(5) and PGI 242.302(a)(13)(B)(3). [FR Doc. 2024–02748 Filed 2–14–24; 8:45 am] BILLING CODE 6001–FR–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 245.102 Policy. * * * * * (4) * * * (ii) * * * (C) * * * (2) A copy of the executed determination and findings shall be provided to the Office of the Principal Director, Defense Pricing and Contracting (DPC) (Contracting eBusiness) via email at osd.pentagon.ousd-a-s.mbx.dpc-cb@ mail.mil. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 48 CFR Parts 245 and 225 [Docket DARS–2024–0001] 3. Amend section 252.223–7009 by revising the clause title and date to read as follows: Defense Federal Acquisition Regulation Supplement; Technical Amendments ■ Defense Acquisition Regulations System, Department of Defense (DoD). 252.223–7009 Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting Agent for Use on Military Installations. AGENCY: Final rule; technical amendment. ACTION: * DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to make needed editorial changes. SUMMARY: DATES: Effective February 15, 2024. FOR FURTHER INFORMATION CONTACT: khammond on DSKJM1Z7X2PROD with RULES 48 CFR Parts 519 and 570 Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. * * * * Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting Agent for Use on Military Installations (Feb 2024) * * * * * [FR Doc. 2024–01221 Filed 2–14–24; 8:45 am] Ms. BILLING CODE 6001–FR–P Jennifer D. Johnson, Defense Acquisition Regulations System, telephone 703–717–8226. This final rule amends the DFARS to make needed editorial changes to update an outdated office name and address at DFARS 245.102 and to correct typographical errors at DFARS 252.223–7009. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:35 Feb 14, 2024 Jkt 262001 GENERAL SERVICES ADMINISTRATION PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 RIN 3090–AK78 Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: The General Services Administration is issuing a final rule amending the General Services Administration Acquisition Regulation to remove Small Disadvantaged Business Program requirements references to align with the Federal Acquisition Regulation for consistency. DATES: Effective February 15, 2024. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Curtis Hauschlidt, GSA Acquisition Policy Division, at GSARPolicy@gsa.gov or 817–253–7858. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755 or GSARegsec@gsa.gov. Please cite GSAR Case 2022–G519. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Federal Acquisition Regulation (FAR) subpart 19.12, Small Disadvantaged Business Participation Program, and all references to it, were removed from the FAR on October 14, 2014 (FAR Case 2009–016, 79 FR 61746). This removal followed a Federal court ruling that declared 10 U.S.C. 2323 unconstitutional. FAR subpart 19.12 derived its authority solely from 10 U.S.C. 2323, thus necessitating its removal. While removal from the FAR was made, no conforming changes were made to the General Services Administration Acquisition Regulation (GSAR). Upon routine regulatory review of the GSAR, this discrepancy was observed and removal was determined necessary. This final rule aligns the GSAR with the FAR. To summarize, GSAR subpart 519.12 is removed and reserved for future use. All mentions of GSAR subpart 519.12 are also removed, as well as corresponding mentions to FAR subpart 19.12 and corresponding clauses, which have been removed from the FAR. Changes made are as follows: E:\FR\FM\15FER1.SGM 15FER1 11749 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations • Removal of GSAR subpart 519.12. Reservation of GSAR subpart 519.12. • Removal of reference to GSAR subpart 519.12 from the table at 570.101. • Removal of reference to FAR clauses 52.219–24, 52.219–25, and 52.219–26 listed at 570.701. • Removal of reference to FAR 19.1202–4(b) from GSAR 570.306. II. Publication of This Final Rule for Public Comment Is Not Required The statute that applies to the publication of the GSAR is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This rule is not required to be published for public comment because GSA is not issuing a new regulation; rather, this rule is merely removing the Small Disadvantaged Business Program requirements from the GSAR to better align with the FAR for consistency. III. Executive Order 12866, 13563, and 14094 Executive Order (E.O.) 12866 (Regulatory Planning and Review) directs 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 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. E.O. 14094 (Modernizing Regulatory Review) supplements and reaffirms the principles, structures, and definitions governing contemporary regulatory review established in E.O. 12866 and E.O. 13563. 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, is not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. IV. 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. 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). Accordingly, no regulatory flexibility analysis is required and none has been prepared. VI. Paperwork Reduction Act The 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 519 and 570 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 519 and 570 as set forth below: 1. The authority citation for 48 CFR parts 519 and 570 continues to read as follows: ■ Authority: 40 U.S.C. 121(c). Subpart 519.12 [Removed and Reserved] PART 519—SMALL BUSINESS PROGRAMS 2. Remove and reserve subpart 519.12, consisting of sections 519.1202 and 519.1202–2. ■ PART 570—ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY 3. Amend section 570.101 in table 1 to paragraph (b) by revising the entry for 501 to read as follows: ■ 570.101 * Applicability. * * (b) * * * * * TABLE 1 TO PARAGRAPH (b)—GSAR RULES APPLICABLE TO ACQUISITIONS OF LEASEHOLD INTERESTS IN REAL PROPERTY 501 ............................................................................................................................................... * * * * * * * * 4. Amend section 570.306 by revising the introductory text of paragraph (d) to read as follows: khammond on DSKJM1Z7X2PROD with RULES ■ 570.306 * * Evaluating offers. * * * 16:35 Feb 14, 2024 Jkt 262001 * ........................ * ■ 570.701 BILLING CODE 6820–61–P [Amended] Frm 00049 Fmt 4700 Sfmt 4700 * ■ [FR Doc. 2024–02917 Filed 2–14–24; 8:45 am] 5. Amend section 570.701 by: PO 00000 536.271 a. Removing paragraph (h); b. Redesignating paragraphs (i) through (l) as paragraphs (h) through (k); and ■ c. Removing paragraph (m). (d) The contracting officer may obtain information to evaluate an offeror’s past performance on subcontracting plan goals and monetary targets from the following sources: * * * * * ■ VerDate Sep<11>2014 * 515.209–70 E:\FR\FM\15FER1.SGM 15FER1

Agencies

[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11748-11749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02917]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 519 and 570

[GSAR Case 2022-G519; Docket No. 2024-0006; Sequence No. 1]
RIN 3090-AK78


General Services Administration Acquisition Regulation; Removing 
Small Disadvantaged Business Program Requirements To Align With the FAR

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

ACTION: Final rule.

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

SUMMARY: The General Services Administration is issuing a final rule 
amending the General Services Administration Acquisition Regulation to 
remove Small Disadvantaged Business Program requirements references to 
align with the Federal Acquisition Regulation for consistency.

DATES: Effective February 15, 2024.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Curtis Hauschlidt, GSA Acquisition Policy Division, at 
[email protected] or 817-253-7858. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat at 
202-501-4755 or [email protected]. Please cite GSAR Case 2022-G519.

SUPPLEMENTARY INFORMATION:

I. Background

    Federal Acquisition Regulation (FAR) subpart 19.12, Small 
Disadvantaged Business Participation Program, and all references to it, 
were removed from the FAR on October 14, 2014 (FAR Case 2009-016, 79 FR 
61746). This removal followed a Federal court ruling that declared 10 
U.S.C. 2323 unconstitutional. FAR subpart 19.12 derived its authority 
solely from 10 U.S.C. 2323, thus necessitating its removal. While 
removal from the FAR was made, no conforming changes were made to the 
General Services Administration Acquisition Regulation (GSAR). Upon 
routine regulatory review of the GSAR, this discrepancy was observed 
and removal was determined necessary. This final rule aligns the GSAR 
with the FAR.
    To summarize, GSAR subpart 519.12 is removed and reserved for 
future use. All mentions of GSAR subpart 519.12 are also removed, as 
well as corresponding mentions to FAR subpart 19.12 and corresponding 
clauses, which have been removed from the FAR. Changes made are as 
follows:

[[Page 11749]]

     Removal of GSAR subpart 519.12. Reservation of GSAR 
subpart 519.12.
     Removal of reference to GSAR subpart 519.12 from the table 
at 570.101.
     Removal of reference to FAR clauses 52.219-24, 52.219-25, 
and 52.219-26 listed at 570.701.
     Removal of reference to FAR 19.1202-4(b) from GSAR 
570.306.

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

    The statute that applies to the publication of the GSAR is the 
Office of Federal Procurement Policy statute (codified at title 41 of 
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires 
that a procurement policy, regulation, procedure or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This rule is not required to be published for public comment because 
GSA is not issuing a new regulation; rather, this rule is merely 
removing the Small Disadvantaged Business Program requirements from the 
GSAR to better align with the FAR for consistency.

III. Executive Order 12866, 13563, and 14094

    Executive Order (E.O.) 12866 (Regulatory Planning and Review) 
directs 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 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. E.O. 14094 (Modernizing Regulatory Review) supplements and 
reaffirms the principles, structures, and definitions governing 
contemporary regulatory review established in E.O. 12866 and E.O. 
13563. 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, is not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993.

IV. 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.

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). 
Accordingly, no regulatory flexibility analysis is required and none 
has been prepared.

VI. Paperwork Reduction Act

    The 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 519 and 570

    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 519 and 570 as set forth below:

0
1. The authority citation for 48 CFR parts 519 and 570 continues to 
read as follows:

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


Subpart 519.12  [Removed and Reserved]

PART 519--SMALL BUSINESS PROGRAMS

0
2. Remove and reserve subpart 519.12, consisting of sections 519.1202 
and 519.1202-2.

PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY

0
3. Amend section 570.101 in table 1 to paragraph (b) by revising the 
entry for 501 to read as follows:


570.101   Applicability.

* * * * *
    (b) * * *

     Table 1 to Paragraph (b)--GSAR Rules Applicable to Acquisitions of Leasehold Interests in Real Property
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
501.............................................................      515.209-70  ..............         536.271
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. Amend section 570.306 by revising the introductory text of paragraph 
(d) to read as follows:


570.306   Evaluating offers.

* * * * *
    (d) The contracting officer may obtain information to evaluate an 
offeror's past performance on subcontracting plan goals and monetary 
targets from the following sources:
* * * * *


570.701   [Amended]

0
5. Amend section 570.701 by:
0
a. Removing paragraph (h);
0
b. Redesignating paragraphs (i) through (l) as paragraphs (h) through 
(k); and
0
c. Removing paragraph (m).

[FR Doc. 2024-02917 Filed 2-14-24; 8:45 am]
BILLING CODE 6820-61-P
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