General Services Administration Acquisition Regulation; GSAR Case 2024-G503; Updates to References to GSA Sustainable Leasing, 63108-63109 [2024-16918]

Agencies

• General Services Administration

[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63108-63109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16918]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 570

[GSAR Case 2024-G503; Docket No. 2024-0014; Sequence No. 1]
RIN 3090-AK82


General Services Administration Acquisition Regulation; GSAR Case 
2024-G503; Updates to References to GSA Sustainable Leasing

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

ACTION: Final rule.

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SUMMARY: General Services Administration (GSA) is issuing this final 
rule amending the General Services Administration Acquisition 
Regulation (GSAR) to update sustainable leasing requirement language.

DATES: Effective September 3, 2024.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Adina Torberntsson, GSA Acquisition Policy Division, GSA 
Acquisition Policy Division, at [email protected] or 720-475-0568. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at 202-501-4755 or [email protected]. Please 
cite GSAR Case 2024-G503.

SUPPLEMENTARY INFORMATION:

I. Background

    The General Services Administration (GSA) conducts routine reviews 
of its acquisition regulations to identify outdated content and to 
ensure information referenced within the General Services 
Administration Acquisition Regulation (GSAR) is current.
    GSA discovered that the GSAR guidance on sustainable leasing is 
outdated because it references Executive Order (E.O.) 13514, Federal 
Leadership in Environmental, Energy, and Economic Performance, which 
was revoked on March 19, 2015, with the publication of E.O. 13693, 
Planning for Federal Sustainability in the Next Decade.
    E.O. 13963 was in turn revoked on May 17, 2018, with the 
publication of E.O. 13834, Efficient Federal Operations. E.O. 13834 was 
then revoked by E.O. 14057, Executive Order on Catalyzing Clean Energy 
Industries and Jobs Through Federal Sustainability, issued on December 
13, 2021.
    Regardless of specific E.O. requirements, GSA leasing has a long 
history adopting sustainable practices and intends to continue adopting 
sustainable practices. To maintain this intent, references to E.O.s 
will be removed and replaced with the word ``sustainability.''
    The previous language also included an expired website; a working 
website link has been included.
    Small editorial changes have also been made to the text to increase 
readability.

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

    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 removes expired 
E.O. references and making editorial updates for readability purposes.

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

    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

[[Page 63109]]

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. OIRA has determined this rule is not a ``major 
rule'' under 5 U.S.C. 804(2).

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 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 (OMB) under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 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 part 570 as set forth below:

PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY

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

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

0
2. Revise section 570.117 to read as follows:


570.117   Sustainable requirements for lease acquisition.

    Contracting officers must include sustainable design requirements 
appropriate for the type of leasing action in the solicitations. 
Contracting officers can find solicitation requirements and 
instructions at https://www.gsa.gov/real-estate/real-estate-services/leasing/leasing-policy under the ''Sustainability Policies'' tab and 
within the applicable Leasing Desk Guide chapter to assist them in 
complying with GSA's sustainable requirements.

0
3. Revise section 570.117-1 to read as follows:


570.117-1   Federal leadership in environmental, energy, and economic 
performance.

    In order to create a clean energy economy that will increase our 
Nation's prosperity, promote energy security, protect the interests of 
taxpayers, and safeguard the health of our environment, GSA will 
accomplish all sustainability requirements described in 570.117-2 that 
apply to lease acquisitions.


570.117-2   [Amended]

0
4. Amend section 570.117-2 in the introductory text by removing 
``comply'' and adding ``complies'' in its place.

[FR Doc. 2024-16918 Filed 8-1-24; 8:45 am]
BILLING CODE 6820-61-P