81 FR 1531 - General Services Administration Acquisition Regulation (GSAR); Technical Amendments

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 81, Issue 8 (January 13, 2016)

General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to make editorial changes. This technical amendment includes updating references and links, as well as deleting repetitive information that is covered elsewhere within the General Services Administration Acquisition Manual (GSAM). Changes incorporate both internal acquisition guidance, and the regulatory acquisition policies.

[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1531-1534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00475]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 501, 504, 509, 519, 522, 536, 537, 552, and 570

[GSAR-TA-01; Docket No. 2015-0016; Sequence No. 1]


General Services Administration Acquisition Regulation (GSAR); 
Technical Amendments

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

ACTION: Final rule.

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SUMMARY: General Services Administration (GSA) is amending the General 
Services Administration Acquisition Regulation (GSAR) to make editorial 
changes. This technical amendment includes updating references and 
links, as well as deleting repetitive information that is covered 
elsewhere within the General Services Administration Acquisition Manual 
(GSAM). Changes incorporate both internal acquisition guidance, and the 
regulatory acquisition policies.

DATES: Effective: January 13, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Leah Price, Procurement Analyst, 
by phone at 703-605-2558, or email at [email protected] for 
clarification of content. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755. Please cite GSAR-TA-01; Technical Amendments.

SUPPLEMENTARY INFORMATION: GSA is amending the GSAR to make editorial 
changes throughout the GSAM. There are no significant content changes 
resulting from this technical amendment.
    Outdated references and links have been updated. Throughout 
multiple GSAM parts, the Central Contractor Registration (CCR) and the 
Excluded Parties List System (EPLS) have been changed to System for 
Award Management (SAM). This follows similar Federal Acquisition 
Regulation

[[Page 1532]]

(FAR) updates resulting from FAR Case 2012-033, for which a final rule 
was published in the Federal Register at 78 FR 37676 on June 21, 2013. 
Commerce Business Daily has also been replaced with its successor 
system, FedBizOpps. Multiple Web page links have also been updated, as 
have organizational references.
    Repetitive information has been removed from the GSAM. Definitions 
for certain terms have been deleted from their respective sections 
because these definitions have been added to the non-regulatory portion 
of the GSAM at Part 502 as a result of GSAR Case 2013-G503.

List of Subjects in 48 CFR Parts 501, 504, 509, 519, 522, 536, 537, 
552, and 570

    Government procurement.

    Dated: January 5, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.

    Therefore, GSA amends 48 CFR parts 501, 504, 509, 519, 522, 536, 
537, 552, and 570 as set forth below:

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM

0
1. The authority citation for 48 CFR part 501 continues to read as 
follows:

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


501.403  [Amended]

0
2. Amend section 501.403 by removing from paragraph (c) ``SPE (V)'' and 
adding ``SPE (MV)'' in its place.


501.404  [Amended]

0
3. Amend section 501.404 by removing from paragraph (c) ``SPE (V)'' and 
adding ``SPE (MV)'' in its place.

PART 504--ADMINISTRATIVE MATTERS

0
4. The authority citation for 48 CFR part 504 is revised to read as 
follows:

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


0
5. Amend section 504.1103 by--
0
a. Redesignating paragraphs (1) through (4) as paragraphs (a) through 
(d), respectively;
0
b. Revising the newly redesignated paragraph (a); and
0
c. Removing from newly redesignated paragraphs (b) and (d) ``CCR'' 
wherever it appears and adding ``SAM'' in their places, respectively.
    The revision reads as follows:


504.1103   Procedures.

* * * * *
    (a) Verify that the prospective contractor's legal business name, 
Doing-Business-As (DBA) name (if any), physical street address, and 
Data Universal Number System (DUNS) number or DUNS+4 number, as found 
in the System for Award Management (SAM), match the information that 
will be included in the contract, order, or agreement resulting from 
the vendor's quote or proposal. Correct any mismatches by having the 
vendor amend the information in the SAM and/or the quote or proposal. 
The SAM information can be accessed through the SAM Web site 
(www.sam.gov) by creating a user account.
* * * * *

0
6. The authority citation for 48 CFR parts 509, 519, and 522 continues 
to read as follows:

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

PART 509--CONTRACTOR QUALIFICATIONS


509.105-2  [Amended]

0
7. Amend section 509.105-2 in paragraph (c) by removing ``the Chief 
Acquisition Officer'' and adding ``Acquisition Policy'' in its place.


509.403   [Amended]

0
8. Amend section 509.403 by removing the Definitions ``Debarring 
official'' and ``Suspending official''.
0
9. Amend section 509.405-1 by--
0
a. Removing from paragraph (a), introductory text, ``on the current 
EPLS'' and adding ``as a current exclusion in the System for Award 
Management (SAM)'' in its place;
0
b. Removing from paragraph (b), introductory text, ``on the current 
EPLS'' and adding ``as a current exclusion in the SAM''; and
0
c. Removing from paragraph (c) ``GSA Suspension and Debarment 
Official'' and adding ``Senior Procurement Executive'' in its place.


509.405-2   [Amended]

0
10. Amend section 509.405-2 by removing ``GSA Suspension and Debarment 
Official'' and adding ``Senior Procurement Executive'' in its place.

PART 519--SMALL BUSINESS PROGRAMS


519.7006  [Amended]

0
11. Amend section 519.7006 by removing from paragraph (b) ``in the 
``Excluded Parties List System'')'' and adding ``as an exclusion in the 
System for Award Management (SAM))'' in its place.


519.7007   [Amended]

0
12. Amend section 519.7007 by--
0
a. Removing from paragraph (a)(3) ``in the ``Excluded Parties List 
System'')'' and adding ``as an exclusion in the (SAM))'' in its place; 
and
0
b. Removing from paragraph (b) ``Central Contractor Registration (CCR) 
at www.ccr.gov'' and adding ``SAM at www.sam.gov'' in its place.

PART 522--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


522.001   [Removed]

0
13. Remove section 522.001.
0
14. Amend section 522.804-2 by revising the fourth and fifth sentence 
to read as follows:


522.804-2   Construction.

    * * * The current goals for minority participation vary by location 
and are listed in the Technical Assistance Guide for Construction 
Participation Goals for Minorities and Females. This guide can be 
accessed at http://www.dol.gov/ofccp/index.htm.


522.805   [Amended]

0
15. Amend section 522.805 by--
0
a. Removing from paragraph (b) ``http://www.dol.gov/esa/contacts/ofccp/ofcpkeyp.htm'' and adding ``http://www.dol.gov/ofccp/contacts/ofnation2.htm'' in its place; and
0
b. Removing from paragraph (c) ``http://www.dol.gov/esa/regs/compliance/posters/pdf/eeopost.pdf'' and adding ``http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm'' in its place.

PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
16. The authority citation for 48 CFR part 536 is revised to read as 
follows:

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


536.602-1   [Amended]

0
17. Amend section 536.602-1 by removing from paragraph (b), 
introductory text, and paragraph (d) ``Commerce Business Daily'' and 
adding ``FedBizOpps'' in their places, respectively.

0
18. The authority citation for 48 CFR parts 537 and 552 continues to 
read as follows:

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

PART 537--SERVICE CONTRACTING


537.110   [Amended]

0
19. Amend section 537.110 by removing from paragraph (a) ``Ability 
One'' and adding ``AbilityOne'' in its place.

[[Page 1533]]

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


552.215-70   [Amended]

0
20. Amend section 552.215-70 by removing ``514.201-7(b) and'' from the 
introductory text.
0
21. Amend section 552.216-72 by--
0
a. Revising the date of clause; and
0
b. Removing from paragraph (g), ``(QI), 2100 Crystal Drive, Arlington, 
VA 22202, Telephone: (703) 605-9444'' and adding ``(I). Contact 
information can be found at: http://www.gsa.gov/portal/category/21404'' 
in its place.
    The revision reads as follows:


552.216-72   Placement of Orders.

* * * * *

Placement of Orders (JAN 2016)

* * * * *
0
22. Amend section 552.216-74 by--
0
a. Revising the date of the clause;
0
b. Redesignating the undesignated paragraphs as (a) through (c), 
respectively; and
0
c. Revising the newly redesignated paragraph (c).
    The revisions read as follows:


552.216-74   Task-Order and Delivery-Order Ombudsman.

* * * * *

Task-Order and Delivery-Order Ombudsman (JAN 2016)

* * * * *

    (c) The GSA Ombudsman is located at the General Services 
Administration (GSA), Office of Government-wide Policy (OGP), Office 
of Acquisition Policy (MV). Contact information for the GSA 
Ombudsman can be found at: http://www.gsa.gov/ombudsman.

0
23. Amend section 552.228-5 by--
0
a. Revising the date of clause; and
0
b. Removing from paragraph (a) ``52.528-5'' and adding ``52.228-5'' in 
its place.
    The revision reads as follows:


552.228-5  Government as Additional Insured.

* * * * *

Government as Additional Insured (JAN 2016)

* * * * *


552.232-1  [Amended]

0
24. Amend section 552.232-1 by removing from the introductory text 
``532.7104'' and adding ``532.908(a)'' in its place.
0
25. Amend section 552.238-74 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(5) ``http://www.fms.treas.gov/
intn.html'' and adding ``http://www.fiscal.treasury.gov/fsreports/rpt/
treasRptRateExch/treasRptRateExch_home.htm'' in its place.
    The revision reads as follows:


552.238-74  Industrial Funding Fee and Sales Reporting.

* * * * *

Modifications (Federal Supply Schedule) (JAN 2016)

* * * * *

PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY

0
26. The authority citation for 48 CFR part 570 is revised to read as 
follows:

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


570.102   [Amended]

0
27. Amend section 570.102, by removing from the Definition ``Small 
business'' ``http://www.sba.gov/size/sizetable_2002.html'' and adding 
``https://www.sba.gov/content/small-business-size-standards'' in its 
place.


570.108  [Amended]

0
28. Amend section 570.108 by removing from paragraph (a) ``the Excluded 
Parties List System (EPLS)'' and adding ``exclusions in the System for 
Award Management (SAM)'' in its place.
0
29. Amend section 570.701, in the table, by revising paragraphs (a), 
(b), (f), (j), and (k) to read as follows:


570.701   FAR provisions and clauses.

* * * * *

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                If . . .                        Then include . . .
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(a) the estimated value of the           52.204-3 Taxpayer
 acquisition exceeds the micro-purchase   Identification.
 threshold identified in FAR 2.101.      52.204-6 Data Universal
                                          Numbering System (DUNS)
                                          Number.
                                         52.204-7 System for Award
                                          Management.
                                         52.219-1 Small Business Program
                                          Representations.
                                         52.219-28 Post-Award Small
                                          Business Program
                                          Rerepresentation (use if lease
                                          term exceeds five years).
                                         52.232-23 Assignment of Claims.
                                         52.232-33 Payment by Electronic
                                          Funds Transfer--System for
                                          Award Management.
                                         52.233-1 Disputes.
(b) the estimated value of the           52.222-21 Prohibition of
 acquisition exceeds $10,000.             Segregated Facilities.
                                         52.222-22 Previous Contracts
                                          and Compliance Reports.
                                         52.222-25 Affirmative Action
                                          Compliance.
                                         52.222-26 Equal Opportunity.
                                         52.222-35 Equal Opportunity for
                                          Veterans.
                                         52.222-36 Equal Opportunity for
                                          Workers with Disabilities.
                                         52.222-37 Employment Reports on
                                          Disabled Veterans and Veterans
                                          of the Vietnam Era.
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                              * * * * * * *
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(f) the estimated value of the           52.203-2 Certificate of
 acquisition exceeds the simplified       Independent Price
 lease acquisition threshold.             Determination.
                                         52.203-7 Anti-Kickback
                                          Procedures.
                                         52.204-5 Women-Owned Business
                                          (Other than Small Business).
                                         52.209-5 Certification
                                          Regarding Responsibility
                                          Matters.
                                         52.215-2 Audit and Records--
                                          Negotiation.
                                         52.219-8 Utilization of Small
                                          Business Concerns.
                                         52.223-6 Drug-Free Workplace.
                                         52.233-2 Service of Protest.
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[[Page 1534]]

 
                              * * * * * * *
(j) the estimated value of the           52.222-24 Pre-award On-site
 acquisition exceeds $10 million.         Equal Opportunity Compliance
                                          Evaluation.
(k) the contracting officer requires     52.215-10 Price Reduction for
 cost or pricing data for work or         Defective Certified Cost or
 services exceeding the threshold         Pricing Data.
 identified in FAR 15.403-4.             52.215-12 Subcontractor
                                          Certified Cost or Pricing
                                          Data.
 
                              * * * * * * *
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[FR Doc. 2016-00475 Filed 1-12-16; 8:45 am]
 BILLING CODE 6820-161-P