81_FR_36531 81 FR 36423 - General Services Administration Acquisition Regulation (GSAR); Rewrite of GSAR Part 515, Contracting by Negotiation

81 FR 36423 - General Services Administration Acquisition Regulation (GSAR); Rewrite of GSAR Part 515, Contracting by Negotiation

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36423-36425
FR Document2016-13114

The General Services Administration (GSA) is issuing a final rule to amend the General Services Administration Acquisition Regulation (GSAR) to clarify and update the contracting by negotiation GSAR section. The rule updates GSAR part 515 by eliminating out of date references and reorganizes the text to align with the Federal Acquisition Regulation (FAR). The final rule incorporates many of the changes of the proposed rule and makes additional modifications to the text.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36423-36425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13114]


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

GENERAL SERVICES ADMINISTRATION

48 CFR Parts 501, 515, and 552

[Change 72; GSAR Case 2008-G506; Docket 2008-0007; Sequence 14]
RIN 3090-AI76


General Services Administration Acquisition Regulation (GSAR); 
Rewrite of GSAR Part 515, Contracting by Negotiation

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

ACTION: Final rule.

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

SUMMARY: The General Services Administration (GSA) is issuing a final 
rule to amend the General Services Administration Acquisition 
Regulation (GSAR) to clarify and update the contracting by negotiation 
GSAR section. The rule updates GSAR part 515 by eliminating out of date 
references and reorganizes the text to align with the Federal 
Acquisition Regulation (FAR). The final rule incorporates many of the 
changes of the proposed rule and makes additional modifications to the 
text.

DATES: Effective: July 6, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification about content, 
contact Ms. Dana Munson at 202-357-9652. For information pertaining to 
the status or publication schedules, contact the Regulatory Secretariat 
Division (MVCB), 1800 F Street NW., Washington, DC 20405, (202) 501-
4755. Please cite GSAR Case 2008-G506.

SUPPLEMENTARY INFORMATION: 

I. Background

    GSA published a proposed rule in the Federal Register at 73 FR 
57580 on October 3, 2008 (https://Federal Register.gov/a/E8-22745) 
revising GSAR Part 515 as part of the General Services Administration 
Acquisition Manual (GSAM) Rewrite initiative undertaken by GSA to 
update the GSAM to maintain consistency with the Federal Acquisition 
Regulation (FAR).
    The final rule updates the text addressing GSAR part 501, General 
Services Administration Acquisition Regulation System, part 515, 
Contracting by Negotiation, and corresponding provisions and clauses in 
GSAR part 552, Solicitation Provisions and Contract Clauses. 
Streamlined and innovative acquisition procedures that contractors, 
offerors, and GSA contracting personnel can utilize when entering into 
and administering contractual relationships are also implemented with 
this final rule.
    The GSAM incorporates the General Services Administration 
Acquisition Regulation (GSAR) as well as internal agency acquisition 
policy. Five comments were received in response to the Federal Register 
notice and were considered in crafting the final rule. Comments 
received in response to the 2008 Federal Register publication along 
with collaborative input from both Federal Acquisition Services (FAS) 
and Public Buildings Services (PBS) Offices of Acquisition Management 
were considered in drafting the final rule.

II. Discussion and Analysis

A. Summary of Significant Changes

    The proposed rule published in October, 2008 moved clauses 
associated with GSA's Multiple Award Schedule (MAS) contracts to GSAR 
part 538, Federal Supply Schedule Contracting, as part of the Rewrite 
initiative. However, only GSAR 515.209-70(c) and (d) and its associated 
clause 552.215-71 have been moved to part 538 through GSAR Case 2013-
G502, Administrative Changes. Therefore, the remaining MAS provisions 
and clauses will be retained in GSAM part 515 per the final rule until 
addressed in separate GSAR 538 cases.
    The proposed rule also transferred requirements from the regulatory 
GSAR part 515 to the non-regulatory GSAM as the requirements apply 
internally to GSA and not the public. These changes are reflected in 
the final rule.
    The final rule makes additional changes based upon the comments 
received in response to the proposed rule and further edits existing 
GSAR 515 text. The specific changes to GSAR part 515 are as follows:
     GSAR 501.106--Aligned Office of Management and Budget 
(OMB) Control Number 3090-0163 with GSAR Clause 552.215-73, Notice.
     GSAR 515.204--Moved the text from subsection 515.204-1 to 
section 515.204 to parallel FAR section 15.204, identifying in 
paragraph (a) that the uniform contract format is not required for 
leasing. Added paragraph (b)

[[Page 36424]]

identifying the Senior Procurement Executive (SPE) as the designee per 
FAR 15.204(e).
     GSAR 515.204-1--Deleted paragraphs (a) and (b) were moved 
to other sections of GSAR Part 515.
     GSAR 515.205--Deleted. When a contracting officer uses the 
government-wide point of entry, such as FedBizOpps, the contracting 
officer need not specifically send a solicitation to anyone, including 
the incumbent.
     GSAR 515.209--Added paragraphs (a) through (c) to align 
all GSAM part 515, Solicitation provisions and contract clauses, with 
FAR 15.209.
    [cir] Paragraph (a) is the prescription for clause 552.215-70, 
Examination of Records by GSA. Edits made to the text include deleting 
the subtitle ``Clause for other than multiple award schedules.'' 
Replaced ``$100,000'' with ``simplified acquisition threshold'' and the 
word ``you'' with ``contracting officer''. Eliminated the dashes in the 
titles, ``Assistant Inspector General-Auditing'' and ``Regional 
Inspector General-Auditing, replacing each dash with ``for''.
    [cir] Paragraph (b) is the prescription for clause 552.215-73, 
Notice, moved from GSAM 515.204-1(b)(1) and (2), notifying the public 
of the assignment of OMB Control Number 3090-0163 to the information 
collection requirements contained in the solicitation and contract, and 
of GSA's hours of operation for requests of pre- or post-award 
debriefings.
    [cir] Paragraph (c) is the new prescription to use GSAR clause 
552.215-74, Notice about Releasing Proposals, when using non-government 
evaluators.
    [cir] Paragraph (d) Clause for Multiple Award Schedules changes 
``Multiple Award Schedules (MAS)'' to ``Federal Supply Schedules 
(FSS);'' Clause should be used in all FSS solicitations and contracts.
     GSAR 515.305--Moved from the regulatory to the non-
regulatory as it is only applicable internally to GSA.
     GSAR 515.305-70--Deleted paragraph (a) was made non-
regulatory, the solicitation notice in paragraph (c) was moved to 
515.209-70(c) and the ``Notice'' itself was converted into clause 
552.215-74.
     GSAR 515.70--The subpart, ``Use of Bid Samples'', is 
deleted in its entirety as it is duplicative of FAR 14.202-4.
     GSAR 552.215-70--Replaced ``$100,000'' with ``simplified 
acquisition threshold''.
     GSAR 552.215-73--Added a new clause, notifying the public 
of OMB Control Number assigned to information collection requirements 
contained in the solicitation and contract, and GSA's hours of 
operations.
     GSAR 552-215-74--Added a new clause for inclusion in 
solicitations when non-government evaluators will be used.

B. Analysis of Public Comments

    The public comment period for GSAR Part 515 closed on December 2, 
2008, five comments were received from two respondents. A discussion of 
these comments is provided below:
    Comment 1: The respondent recommended consideration be given to 
providing guidance on which section of the Uniform Contract Format 
(UCF) the mandated paragraphs should be incorporated. GSAR 515.210-70 
provides guidance to include this on GSA Form 1602 if it is used, but 
what if it is not used?
    Response: Guidance will be added to the GSAM to clarify that the 
information should be placed in Section L of the solicitation.
    Comment 2: GSAR 515.205: The respondent strongly recommended 
deleting this entire section, which requires contracting officers to 
issue solicitations to potential sources. The respondent stated that 
there is little value added, especially since we no longer maintain 
mailing lists. Potential offerors download the solicitations from 
FedBizOpps, so there is rarely written interest expressed, positive or 
negative. The guidance provided doesn't appear to add any real value as 
any contracting officer should know to do this without having it 
spelled out. Even if the section is not deleted, paragraph (a) needs to 
be deleted. This paragraph causes a problem when the follow-on 
acquisition strategy differs from the current and historical.
    Response: Concur. This section is deleted. The GSAR text of the 
final rule is amended as a result of this comment.
    Comment 3: GSAR 515.209-70(c): The respondent stated that this 
section, which requires the contracting officer to insert the clause at 
552.215-71 Examination of Records by GSA (Multiple Award Schedule) in 
solicitations and contracts for MAS contracts, does not appear to 
relate to the Examination of Records clauses. The respondent 
recommended clearly identifying when this notice should be included. 
Not all solicitations will be reviewed by nongovernment evaluators, yet 
as currently written it appears to state this notice should always be 
included. The following revision was recommended:
    ``(c) Solicitation notice. When nongovernment evaluators will be 
used, include in the solicitation a notice substantially as follows:''
    Response: Concur. Clause 552.215-74, Notice about Releasing 
Proposals is amended to include nongovernment evaluators. The 
prescription at 515.209-70(c) is amended to clarify that the clause is 
only applicable when nongovernment evaluators are used. The GSAR text 
of the final rule is amended as a result of this comment.
    Comment 4: GSAR 515.7002(b)(1): The respondent stated that the 
actual prescription for use of GSAR clause 515.70 Use of Bid Samples 
needs to be added. Currently it just states ``use the clause.''
    Response: Non-concur. GSAR subpart 515.70, Use of Bid Samples, is 
deleted in the final rule of the GSAR text as it unnecessarily 
duplicates the FAR. No changes were made to the GSAR text of the final 
rule as a result of this comment.
    Comment 5: The respondent stated, both the current GSAR 515.204-1 
and the proposed revision indicate that the paragraph regarding 
debriefing requests does not apply to leasehold interests in real 
property. The respondent was curious as to why this is so: are there no 
debriefings under leasehold acquisitions? If so, then there could be a 
separate Part 570 clause addressing only the OMB and Nondisclosure/
Conflict of Interest requirements.
    Response: Non-concur. GSAR 570.309 addresses debriefings under 
leasehold acquisitions. No changes were made to the GSAR text of the 
final rule as a result of this comment.

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. 
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. This rule is 
not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The General Services Administration certifies that this final rule 
will not have a significant economic impact on a substantial number of 
small entities

[[Page 36425]]

within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq., because the revisions are administrative in nature and only 
update and reorganize existing GSAR coverage.

V. Paperwork Reduction Act

    The Paperwork Reduction Act applies; however, these changes to the 
GSAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 3090-
0163.

List of Subjects in 48 CFR Parts 501, 515, and 552

    Government procurement.

    Dated: May 26, 2016.
Jeffrey A. Koses,
Office of Acquisition Policy, Senior Procurement Executive, General 
Services Administration.
    Therefore, GSA is amending 48 CFR parts 501, 515 and 552 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).

501.106  [Amended]

0
2. Amend section 501.106 by adding to the table, in numerical sequence, 
GSAR Reference ``552.215-73'' and its corresponding OMB control number 
``3090-0163''.

PART 515--CONTRACTING BY NEGOTIATION

0
3. The authority citation for 48 CFR part 515 is revised to read as 
follows:

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


0
4. Revise section 515.204 to read as follows:


515.204  Contract format.

    (a) The uniform contract format is not required for leases of real 
property (See GSAM 570.116).
    (b) The Senior Procurement Executive is the agency head's designee 
for the purposes of granting exemptions to the use of the Uniform 
Contract Format (see FAR 15.204(e)).


515.204-1 and 515.205  [Removed]

0
5. Remove sections 515.204-1 and 515.205.
0
6. Amend section 515.209-70 by--
0
a. Revising the introductory text of paragraph (a);
0
b. Redesignating paragraph (b) as paragraph (a)(9) and revising newly 
redesignated paragraph (a)(9); and
0
c. Adding new paragraph (b).
    The revisions and addition read as follows:


515.209-70  Examination of records by GSA clause.

* * * * *
    (a) Examination of records by GSA clause for other than multiple 
award schedule (MAS) contracts. Insert the clause at 552.215-70, 
Examination of Records by GSA, in all solicitations and contracts above 
the simplified acquisition threshold, including acquisitions of 
leasehold interests in real property, that meet any of the conditions 
listed below:
* * * * *
    (9) The contracting officer may modify the clause at 552.215-70 to 
define the specific area of audit (e.g., the use or disposition of 
Government-furnished property). Office of General Counsel or the Office 
of Regional Counsel and the Assistant Inspector General for Auditing or 
Regional Inspector General for Auditing, as appropriate, must concur in 
any modifications to the clause.
    (b) Insert the clause at 552.215-73, Notice, in all solicitations 
for negotiated procurements above the simplified acquisition threshold 
in accordance with FAR part 15.
* * * * *


515.5 and 515.70  [Removed]

0
7. Remove subparts 515.3 and 515.70.

PART 552--SOLICITATIONS AND PROVISIONS

0
8. The authority citation for 48 CFR part 552 continues to read as 
follows:

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


0
9. Amend section 552.215-70 by revising the introductory text and the 
date of the clause, and removing ``exceeding $100,000'' and adding 
``exceeding the simplified acquisition threshold'' in its place.
    The revisions read as follows:


552.215-70  Examination of Records by GSA.

    As prescribed in 515.209-70(a), insert the following clause:

Examination of Records by GSA ([JUN 2016])

* * * * *

0
10. Add section 552.217-73 to read as follows:


552.215-73   Notice Regarding Information Collection Requirements.

    As prescribed in 515.209-70(b), insert the following clause:

Notice (JUN 2016)

    (a) The information collection requirements contained in this 
solicitation/contract are either required by regulation or approved 
by the Office of Management and Budget pursuant to the Paperwork 
Reduction Act and assigned OMB Control No. 3090-0163.
    (b) GSA's hours of operation are 8:00 a.m. to 4:30 p.m. EST. 
Requests for pre-award debriefings postmarked or otherwise submitted 
after 4:30 p.m. EST will be considered submitted the following 
business day. Requests for post-award debriefings delivered after 
4:30 p.m. EST will be considered received and filed the following 
business day.


(End of clause)
[FR Doc. 2016-13114 Filed 6-3-16; 8:45 am]
 BILLING CODE 6820-61-P



                                                                    Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations                                         36423

                                               517.200    Scope of subpart.                            removing from paragraph (a), in the                       The final rule updates the text
                                                  This subpart applies to all GSA                      second sentence ‘‘standard);’’ and                      addressing GSAR part 501, General
                                               contracts for supplies and services,                    adding ‘‘standard),’’ in its place.                     Services Administration Acquisition
                                               including:                                                The revision reads as follows:                        Regulation System, part 515,
                                                  (a) Services involving construction,                                                                         Contracting by Negotiation, and
                                                                                                       552.217–70        Evaluations of options.
                                               alteration, or repair (including dredging,                                                                      corresponding provisions and clauses in
                                               excavating, and painting) of buildings,                 *      *      *        *      *                         GSAR part 552, Solicitation Provisions
                                               bridges, roads, or other kinds of real                  EVALUATION OF OPTIONS (JUL 2016)                        and Contract Clauses. Streamlined and
                                               property.                                               *      *      *        *      *                         innovative acquisition procedures that
                                                  (b) Architect-engineer services.                                                                             contractors, offerors, and GSA
                                                                                                       [FR Doc. 2016–13113 Filed 6–3–16; 8:45 am]
                                               ■ 5. Amend section 517.202 by—                                                                                  contracting personnel can utilize when
                                                                                                       BILLING CODE 6820–61–P
                                               ■ a. Removing from the introductory                                                                             entering into and administering
                                               text of paragraph (a)(1) ‘‘You should use                                                                       contractual relationships are also
                                               options’’ and adding ‘‘Options may be                                                                           implemented with this final rule.
                                                                                                       GENERAL SERVICES
                                               used’’ in its place;                                                                                              The GSAM incorporates the General
                                               ■ b. Removing from paragraph (a)(2)(i)
                                                                                                       ADMINISTRATION
                                                                                                                                                               Services Administration Acquisition
                                               ‘‘You anticipate a’’ and adding ‘‘There is              48 CFR Parts 501, 515, and 552                          Regulation (GSAR) as well as internal
                                               an anticipated’’ in its place;                                                                                  agency acquisition policy. Five
                                               ■ c. Revising paragraph (a)(2)(ii);                     [Change 72; GSAR Case 2008–G506; Docket                 comments were received in response to
                                               ■ d. Removing paragraphs (a)(2)(iv) and                 2008–0007; Sequence 14]
                                                                                                                                                               the Federal Register notice and were
                                               (a)(2)(v); and                                          RIN 3090–AI76                                           considered in crafting the final rule.
                                               ■ e. Removing from paragraph (a)(3)
                                                                                                                                                               Comments received in response to the
                                               ‘‘Do not use an option’’ and adding ‘‘An                General Services Administration                         2008 Federal Register publication along
                                               option shall not be used’’ in its place.                Acquisition Regulation (GSAR);                          with collaborative input from both
                                                  The revision reads as follows:                       Rewrite of GSAR Part 515, Contracting                   Federal Acquisition Services (FAS) and
                                               517.202    Use of options.                              by Negotiation                                          Public Buildings Services (PBS) Offices
                                                 (a) * * *                                             AGENCY:  Office of Acquisition Policy,                  of Acquisition Management were
                                                 (2) * * *                                             Office of Government-wide Policy,                       considered in drafting the final rule.
                                                 (ii) When there is both a need for                    General Services Administration (GSA).                  II. Discussion and Analysis
                                               additional supplies or services beyond                  ACTION: Final rule.
                                               the basic contract period and the use of                                                                        A. Summary of Significant Changes
                                               multi-year contracting authority is                     SUMMARY:    The General Services                           The proposed rule published in
                                               inappropriate.                                          Administration (GSA) is issuing a final                 October, 2008 moved clauses associated
                                               *      *   *     *     *                                rule to amend the General Services                      with GSA’s Multiple Award Schedule
                                                                                                       Administration Acquisition Regulation                   (MAS) contracts to GSAR part 538,
                                               517.203    [Removed and Reserved]                       (GSAR) to clarify and update the                        Federal Supply Schedule Contracting,
                                               ■ 6. Remove and reserve section                         contracting by negotiation GSAR                         as part of the Rewrite initiative.
                                               517.203.                                                section. The rule updates GSAR part                     However, only GSAR 515.209–70(c) and
                                               ■ 7. Revise section 517.207 to read as                  515 by eliminating out of date                          (d) and its associated clause 552.215–71
                                               follows:                                                references and reorganizes the text to                  have been moved to part 538 through
                                                                                                       align with the Federal Acquisition                      GSAR Case 2013–G502, Administrative
                                               517.207    Exercise of options.                         Regulation (FAR). The final rule                        Changes. Therefore, the remaining MAS
                                                  In addition to the requirements of                   incorporates many of the changes of the                 provisions and clauses will be retained
                                               FAR 17.207, the Contracting Officer                     proposed rule and makes additional                      in GSAM part 515 per the final rule
                                               must also:                                              modifications to the text.                              until addressed in separate GSAR 538
                                                  (a) Document the contract file with                  DATES: Effective: July 6, 2016.                         cases.
                                               the rationale for an extended contractual               FOR FURTHER INFORMATION CONTACT: For                       The proposed rule also transferred
                                               relationship if the contractor’s                        clarification about content, contact Ms.                requirements from the regulatory GSAR
                                               performance rating under the contract is                Dana Munson at 202–357–9652. For                        part 515 to the non-regulatory GSAM as
                                               less than satisfactory.                                 information pertaining to the status or                 the requirements apply internally to
                                                  (b) Determine that the option price is               publication schedules, contact the                      GSA and not the public. These changes
                                               fair and reasonable.                                    Regulatory Secretariat Division (MVCB),                 are reflected in the final rule.
                                               517.208    [Amended]                                    1800 F Street NW., Washington, DC                          The final rule makes additional
                                                                                                       20405, (202) 501–4755. Please cite                      changes based upon the comments
                                               ■ 8. Amend section 517.208 by                           GSAR Case 2008–G506.                                    received in response to the proposed
                                               removing from paragraph (a) ‘‘FSS’s                                                                             rule and further edits existing GSAR 515
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               Stock or’’ and adding ‘‘the Federal                                                                             text. The specific changes to GSAR part
                                               Acquisition Service’s’’ in its place.                   I. Background                                           515 are as follows:
                                               PART 552—SOLICITATION                                      GSA published a proposed rule in the                    • GSAR 501.106—Aligned Office of
                                               PROVISIONS AND CONTRACT                                 Federal Register at 73 FR 57580 on                      Management and Budget (OMB) Control
                                                                                                       October 3, 2008 (https://Federal                        Number 3090–0163 with GSAR Clause
sradovich on DSK3TPTVN1PROD with RULES3




                                               CLAUSES
                                                                                                       Register.gov/a/E8–22745) revising GSAR                  552.215–73, Notice.
                                               ■ 9. The authority citation for 48 CFR                  Part 515 as part of the General Services                   • GSAR 515.204—Moved the text
                                               part 552 continues to read as follows:                  Administration Acquisition Manual                       from subsection 515.204–1 to section
                                                                                                       (GSAM) Rewrite initiative undertaken                    515.204 to parallel FAR section 15.204,
                                                   Authority: 40 U.S.C. 121(c).
                                                                                                       by GSA to update the GSAM to                            identifying in paragraph (a) that the
                                               ■ 10. Amend section 552.217–70 by                       maintain consistency with the Federal                   uniform contract format is not required
                                               revising the date of the provision; and                 Acquisition Regulation (FAR).                           for leasing. Added paragraph (b)


                                          VerDate Sep<11>2014   17:57 Jun 03, 2016   Jkt 238001   PO 00000   Frm 00003    Fmt 4701   Sfmt 4700   E:\FR\FM\06JNR3.SGM   06JNR3


                                               36424                Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations

                                               identifying the Senior Procurement                      solicitation and contract, and GSA’s                   include in the solicitation a notice
                                               Executive (SPE) as the designee per FAR                 hours of operations.                                   substantially as follows:’’
                                               15.204(e).                                                • GSAR 552–215–74—Added a new                           Response: Concur. Clause 552.215–74,
                                                  • GSAR 515.204–1—Deleted                             clause for inclusion in solicitations                  Notice about Releasing Proposals is
                                               paragraphs (a) and (b) were moved to                    when non-government evaluators will                    amended to include nongovernment
                                               other sections of GSAR Part 515.                        be used.                                               evaluators. The prescription at 515.209–
                                                  • GSAR 515.205—Deleted. When a                                                                              70(c) is amended to clarify that the
                                               contracting officer uses the government-                B. Analysis of Public Comments                         clause is only applicable when
                                               wide point of entry, such as                               The public comment period for GSAR                  nongovernment evaluators are used. The
                                               FedBizOpps, the contracting officer                     Part 515 closed on December 2, 2008,                   GSAR text of the final rule is amended
                                               need not specifically send a solicitation               five comments were received from two                   as a result of this comment.
                                               to anyone, including the incumbent.                     respondents. A discussion of these                        Comment 4: GSAR 515.7002(b)(1):
                                                  • GSAR 515.209—Added paragraphs                      comments is provided below:                            The respondent stated that the actual
                                               (a) through (c) to align all GSAM part                     Comment 1: The respondent                           prescription for use of GSAR clause
                                               515, Solicitation provisions and contract               recommended consideration be given to                  515.70 Use of Bid Samples needs to be
                                               clauses, with FAR 15.209.                               providing guidance on which section of                 added. Currently it just states ‘‘use the
                                                  Æ Paragraph (a) is the prescription                  the Uniform Contract Format (UCF) the                  clause.’’
                                               for clause 552.215–70, Examination of                   mandated paragraphs should be                             Response: Non-concur. GSAR subpart
                                               Records by GSA. Edits made to the text                  incorporated. GSAR 515.210–70                          515.70, Use of Bid Samples, is deleted
                                               include deleting the subtitle ‘‘Clause for              provides guidance to include this on                   in the final rule of the GSAR text as it
                                               other than multiple award schedules.’’                  GSA Form 1602 if it is used, but what                  unnecessarily duplicates the FAR. No
                                               Replaced ‘‘$100,000’’ with ‘‘simplified                 if it is not used?                                     changes were made to the GSAR text of
                                               acquisition threshold’’ and the word                       Response: Guidance will be added to                 the final rule as a result of this
                                               ‘‘you’’ with ‘‘contracting officer’’.                   the GSAM to clarify that the information               comment.
                                               Eliminated the dashes in the titles,                    should be placed in Section L of the                      Comment 5: The respondent stated,
                                               ‘‘Assistant Inspector General-Auditing’’                solicitation.                                          both the current GSAR 515.204–1 and
                                               and ‘‘Regional Inspector General-                          Comment 2: GSAR 515.205: The                        the proposed revision indicate that the
                                               Auditing, replacing each dash with                      respondent strongly recommended                        paragraph regarding debriefing requests
                                               ‘‘for’’.                                                deleting this entire section, which                    does not apply to leasehold interests in
                                                  Æ Paragraph (b) is the prescription                  requires contracting officers to issue                 real property. The respondent was
                                               for clause 552.215–73, Notice, moved                    solicitations to potential sources. The                curious as to why this is so: are there
                                               from GSAM 515.204–1(b)(1) and (2),                      respondent stated that there is little                 no debriefings under leasehold
                                               notifying the public of the assignment of               value added, especially since we no                    acquisitions? If so, then there could be
                                               OMB Control Number 3090–0163 to the                     longer maintain mailing lists. Potential               a separate Part 570 clause addressing
                                               information collection requirements                     offerors download the solicitations from               only the OMB and Nondisclosure/
                                               contained in the solicitation and                       FedBizOpps, so there is rarely written                 Conflict of Interest requirements.
                                               contract, and of GSA’s hours of                                                                                   Response: Non-concur. GSAR 570.309
                                                                                                       interest expressed, positive or negative.
                                               operation for requests of pre- or post-                                                                        addresses debriefings under leasehold
                                                                                                       The guidance provided doesn’t appear
                                               award debriefings.                                                                                             acquisitions. No changes were made to
                                                                                                       to add any real value as any contracting
                                                  Æ Paragraph (c) is the new                                                                                  the GSAR text of the final rule as a
                                                                                                       officer should know to do this without
                                               prescription to use GSAR clause                                                                                result of this comment.
                                                                                                       having it spelled out. Even if the section
                                               552.215–74, Notice about Releasing
                                                                                                       is not deleted, paragraph (a) needs to be              III. Executive Orders 12866 and 13563
                                               Proposals, when using non-government
                                                                                                       deleted. This paragraph causes a                          Executive Orders (E.O.s) 12866 and
                                               evaluators.
                                                  Æ Paragraph (d) Clause for Multiple                  problem when the follow-on acquisition                 13563 direct agencies to assess all costs
                                               Award Schedules changes ‘‘Multiple                      strategy differs from the current and                  and benefits of available regulatory
                                               Award Schedules (MAS)’’ to ‘‘Federal                    historical.                                            alternatives and, if regulation is
                                               Supply Schedules (FSS);’’ Clause                           Response: Concur. This section is                   necessary, to select regulatory
                                               should be used in all FSS solicitations                 deleted. The GSAR text of the final rule               approaches that maximize net benefits
                                               and contracts.                                          is amended as a result of this comment.                (including potential economic,
                                                  • GSAR 515.305—Moved from the                           Comment 3: GSAR 515.209–70(c): The                  environmental, public health and safety
                                               regulatory to the non-regulatory as it is               respondent stated that this section,                   effects, distributive impacts, and
                                               only applicable internally to GSA.                      which requires the contracting officer to              equity). E.O. 13563 emphasizes the
                                                  • GSAR 515.305–70—Deleted                            insert the clause at 552.215–71                        importance of quantifying both costs
                                               paragraph (a) was made non-regulatory,                  Examination of Records by GSA                          and benefits, of reducing costs, of
                                               the solicitation notice in paragraph (c)                (Multiple Award Schedule) in                           harmonizing rules, and of promoting
                                               was moved to 515.209–70(c) and the                      solicitations and contracts for MAS                    flexibility. This is not a significant
                                               ‘‘Notice’’ itself was converted into                    contracts, does not appear to relate to                regulatory action and, therefore, was not
                                               clause 552.215–74.                                      the Examination of Records clauses. The                subject to review under section 6(b) of
                                                  • GSAR 515.70—The subpart, ‘‘Use of                  respondent recommended clearly                         Executive Order 12866, Regulatory
                                               Bid Samples’’, is deleted in its entirety               identifying when this notice should be                 Planning and Review, dated September
                                               as it is duplicative of FAR 14.202–4.                   included. Not all solicitations will be                30, 1993. This rule is not a major rule
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                                                  • GSAR 552.215–70—Replaced                           reviewed by nongovernment evaluators,                  under 5 U.S.C. 804.
                                               ‘‘$100,000’’ with ‘‘simplified acquisition              yet as currently written it appears to
                                               threshold’’.                                            state this notice should always be                     IV. Regulatory Flexibility Act
                                                  • GSAR 552.215–73—Added a new                        included. The following revision was                      The General Services Administration
                                               clause, notifying the public of OMB                     recommended:                                           certifies that this final rule will not have
                                               Control Number assigned to information                     ‘‘(c) Solicitation notice. When                     a significant economic impact on a
                                               collection requirements contained in the                nongovernment evaluators will be used,                 substantial number of small entities


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                                                                    Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations                                                 36425

                                               within the meaning of the Regulatory                    ■ b. Redesignating paragraph (b) as                     552.215–73 Notice Regarding Information
                                               Flexibility Act, 5 U.S.C. 601, et seq.,                 paragraph (a)(9) and revising newly                     Collection Requirements.
                                               because the revisions are administrative                redesignated paragraph (a)(9); and                        As prescribed in 515.209–70(b), insert
                                               in nature and only update and                           ■ c. Adding new paragraph (b).                          the following clause:
                                               reorganize existing GSAR coverage.                        The revisions and addition read as                    Notice (JUN 2016)
                                               V. Paperwork Reduction Act                              follows:                                                  (a) The information collection
                                                                                                                                                               requirements contained in this solicitation/
                                                 The Paperwork Reduction Act                           515.209–70 Examination of records by                    contract are either required by regulation or
                                               applies; however, these changes to the                  GSA clause.                                             approved by the Office of Management and
                                               GSAR do not impose additional                           *     *     *     *      *                              Budget pursuant to the Paperwork Reduction
                                               information collection requirements to                    (a) Examination of records by GSA                     Act and assigned OMB Control No. 3090–
                                               the paperwork burden previously                         clause for other than multiple award                    0163.
                                               approved under OMB Control Number                                                                                 (b) GSA’s hours of operation are 8:00 a.m.
                                                                                                       schedule (MAS) contracts. Insert the
                                               3090–0163.                                                                                                      to 4:30 p.m. EST. Requests for pre-award
                                                                                                       clause at 552.215–70, Examination of                    debriefings postmarked or otherwise
                                               List of Subjects in 48 CFR Parts 501,                   Records by GSA, in all solicitations and                submitted after 4:30 p.m. EST will be
                                               515, and 552                                            contracts above the simplified                          considered submitted the following business
                                                                                                       acquisition threshold, including                        day. Requests for post-award debriefings
                                                   Government procurement.                             acquisitions of leasehold interests in                  delivered after 4:30 p.m. EST will be
                                                 Dated: May 26, 2016.                                  real property, that meet any of the                     considered received and filed the following
                                               Jeffrey A. Koses,                                       conditions listed below:                                business day.
                                               Office of Acquisition Policy, Senior                    *     *     *     *      *                              (End of clause)
                                               Procurement Executive, General Services                   (9) The contracting officer may                       [FR Doc. 2016–13114 Filed 6–3–16; 8:45 am]
                                               Administration.                                         modify the clause at 552.215–70 to                      BILLING CODE 6820–61–P
                                                 Therefore, GSA is amending 48 CFR                     define the specific area of audit (e.g., the
                                               parts 501, 515 and 552 as set forth                     use or disposition of Government-
                                               below:                                                  furnished property). Office of General                  GENERAL SERVICES
                                                                                                       Counsel or the Office of Regional                       ADMINISTRATION
                                               PART 501—GENERAL SERVICES                               Counsel and the Assistant Inspector
                                               ADMINISTRATION ACQUISITION                              General for Auditing or Regional                        48 CFR Parts 511, 538, and 552
                                               REGULATION SYSTEM                                       Inspector General for Auditing, as                      [GSAR Change 73; GSAR Case 2010–G511;
                                               ■ 1. The authority citation for 48 CFR                  appropriate, must concur in any                         Docket No. 2014–0008; Sequence No. 1]
                                               part 501 continues to read as follows:                  modifications to the clause.                            RIN 3090–AJ43
                                                                                                         (b) Insert the clause at 552.215–73,
                                                   Authority: 40 U.S.C. 121(c).
                                                                                                       Notice, in all solicitations for negotiated             General Services Administration
                                               501.106    [Amended]                                    procurements above the simplified                       Acquisition Regulation (GSAR);
                                                                                                       acquisition threshold in accordance                     Purchasing by Non-Federal Entities
                                               ■  2. Amend section 501.106 by adding                   with FAR part 15.
                                               to the table, in numerical sequence,                                                                            AGENCY:  Office of Government-wide
                                                                                                       *     *     *     *      *                              Policy, Office of Acquisition Policy,
                                               GSAR Reference ‘‘552.215–73’’ and its
                                               corresponding OMB control number                        515.5 and 515.70       [Removed]                        General Services Administration (GSA).
                                               ‘‘3090–0163’’.                                                                                                  ACTION: Final rule.
                                                                                                       ■   7. Remove subparts 515.3 and 515.70.
                                               PART 515—CONTRACTING BY                                                                                         SUMMARY:    The General Services
                                               NEGOTIATION                                             PART 552—SOLICITATIONS AND                              Administration (GSA) is issuing a final
                                                                                                       PROVISIONS                                              rule amending the General Services
                                               ■ 3. The authority citation for 48 CFR                                                                          Administration Acquisition Regulation
                                               part 515 is revised to read as follows:                 ■ 8. The authority citation for 48 CFR                  (GSAR) regulation, Describing Agency
                                                                                                       part 552 continues to read as follows:                  Needs, to implement the Federal Supply
                                                   Authority: 40 U.S.C. 121(c).
                                                                                                           Authority: 40 U.S.C. 121(c).                        Schedules Usage Act of 2010 (FSSUA),
                                               ■ 4. Revise section 515.204 to read as                                                                          the Native American Housing
                                               follows:                                                ■  9. Amend section 552.215–70 by                       Assistance and Self-Determination
                                                                                                       revising the introductory text and the                  Reauthorization Act of 2008
                                               515.204    Contract format.                             date of the clause, and removing                        (NAHASDA), the John Warner National
                                                  (a) The uniform contract format is not               ‘‘exceeding $100,000’’ and adding                       Defense Authorization Act for Fiscal
                                               required for leases of real property (See               ‘‘exceeding the simplified acquisition                  Year 2007 (NDAA), and the Local
                                               GSAM 570.116).                                          threshold’’ in its place.                               Preparedness Acquisition Act for Fiscal
                                                  (b) The Senior Procurement Executive                    The revisions read as follows:                       Year 2008 (LPAA). GSA is also
                                               is the agency head’s designee for the                                                                           amending the GSAR, Federal Supply
                                               purposes of granting exemptions to the                  552.215–70        Examination of Records by
                                                                                                       GSA.                                                    Schedule Contracting, and Solicitation
                                               use of the Uniform Contract Format (see                                                                         Provisions and Contract Clauses, in
                                               FAR 15.204(e)).                                           As prescribed in 515.209–70(a), insert                regard to this statutory implementation
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                                                                                                       the following clause:                                   to clarify the application of these laws
                                               515.204–1 and 515.205        [Removed]
                                                                                                       Examination of Records by GSA ([JUN                     and access privileges of certain Non-
                                               ■ 5. Remove sections 515.204–1 and                      2016])                                                  Federal Entities purchasing off of
                                               515.205.                                                                                                        Federal Supply Schedules (FSS).
                                               ■ 6. Amend section 515.209–70 by—                       *       *     *        *      *                         Additionally, prescriptions in the GSAR
                                               ■ a. Revising the introductory text of                  ■ 10. Add section 552.217–73 to read as                 are amended to reflect the correct
                                               paragraph (a);                                          follows:                                                prescription numbers. This final rule


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Document Created: 2016-06-04 00:16:42
Document Modified: 2016-06-04 00:16:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: July 6, 2016.
ContactFor clarification about content, contact Ms. Dana Munson at 202-357-9652. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, (202) 501- 4755. Please cite GSAR Case 2008-G506.
FR Citation81 FR 36423 
RIN Number3090-AI76
CFR Citation48 CFR 501
48 CFR 515
48 CFR 552

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