81 FR 37386 - Unified Agenda of Federal Regulatory and Deregulatory Actions
GENERAL SERVICES ADMINISTRATION Federal Register Volume 81, Issue 111 (June 9, 2016)
Federal Register Volume 81, Issue 111 (June 9, 2016)
| Page Range | 37386-37387 | |
| FR Document | 2016-12924 |
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)] [Unknown Section] [Pages 37386-37387] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12924] [[Page 37385]] Vol. 81 Thursday, No. 111 June 9, 2016 Part XVIII General Services Administration ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / Unified Agenda [[Page 37386]] ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 41 CFR Chs. 101, 102, 300, and 301 48 CFR Chapter 5 Unified Agenda of Federal Regulatory and Deregulatory Actions AGENCY: General Services Administration (GSA). ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: This agenda announces the proposed regulatory actions that GSA plans for the next 12 months and those that were completed since the fall 2015 edition. This agenda was developed under the guidelines of Executive Order 12866 ``Regulatory Planning and Review.'' GSA's purpose in publishing this agenda is to allow interested persons an opportunity to participate in the rulemaking process. GSA also invites interested persons to recommend existing significant regulations for review to determine whether they should be modified or eliminated. Proposed rules may be reviewed in their entirety at the Government's rulemaking Web site at http://www.regulations.gov. Since the fall 2007 edition, the Internet has been the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), GSA's printed agenda entries include only: (1) Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. Additional information on these entries is available in the Unified Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan will continue to be printed in the Federal Register, as in past years, including GSA's regulatory plan. FOR FURTHER INFORMATION CONTACT: Hada Flowers, Division Director, Regulatory Secretariat Division at (202) 501-4755. Dated: March 28, 2016. Troy Cribb, Associate Administrator, Office of Government-wide Policy. General Services Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 239....................... General Services 3090-AJ43 Administration Acquisition Regulation (GSAR); GSAR Case 2010- G511, Purchasing by Non- Federal Entities. 240....................... General Services 3090-AJ51 Administration Acquisition Regulation (GSAR); GSAR Case 2013- G504, Transactional Data Reporting. ------------------------------------------------------------------------ General Services Administration--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 241....................... General Services 3090-AJ67 Administration Acquisition Regulation (GSAR); GSAR Case 2015- G512, Unenforceable Commercial Supplier Agreement Terms. ------------------------------------------------------------------------ General Services Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 242....................... General Services 3090-AJ57 Administration Regulation (GSAR); GSAR Case 2015- G508, Removal of Unnecessary Construction Clauses and Editorial Changes. ------------------------------------------------------------------------ GENERAL SERVICES ADMINISTRATION (GSA) Office of Acquisition Policy Final Rule Stage 239. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2010-G511, Purchasing by Non-Federal Entities Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to implement the Federal Supply Schedules Usage Act of 2010 (FSSUA), the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (NAHASDA), the John Warner National Defense Authorization Act for Fiscal Year 2007 (NDAA), and the Local Preparedness Acquisition Act for Fiscal Year 2008 (LPAA), to provide increased access to GSA's Federal Supply Schedules (Schedules). GSA is also amending the Federal Supply Schedule Contracting and Solicitation Provisions and Contract Clauses, in regard to this statutory implementation. This case is included in GSA's retrospective review of existing regulations under Executive Order 13563. Additional information is located in GSA's retrospective review (2016), available at: www.gsa.gov/improvingregulations. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/17/14 79 FR 21691 NPRM Comment Period End............. 06/16/14 ....................... Final Rule.......................... 05/00/16 ....................... ------------------------------------------------------------------------ [[Page 37387]] Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dana L. Munson, Procurement Analyst, General Services Administration, 1800 F Street NW., Washington, DC 20405, Phone: 202 357-9652, Email: [email protected]. RIN: 3090-AJ43 240. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2013-G504, Transactional Data Reporting Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to require vendors to report transactional data from orders and prices paid by ordering activities. This includes orders placed against both Federal Supply Schedule (FSS) contract vehicles and GSA's non-FSS contract vehicles, Governmentwide Acquisition Contracts (GWACs) and Multi-Agency Contracts (MACs). Once implemented, the new GSAR transactional data reporting clauses will enable GSA to provide Federal agencies with further market intelligence and expert guidance in procuring goods and services in each category of GSA acquisition vehicles. The new requirement will not affect the Department of Veterans Affairs (VA) FSS contract holders. The proposed amendment to the GSAR will add an alternate version of the existing GSAR clause 552.238-74 Industrial Funding Fee and Sales Reporting (IFF) (Federal Supply Schedule) and a new GSAR clause 552.216-75 Sales Reporting and Fee Remittance. Under the FSS program, vendors that agree to the new transactional reporting requirement will have their contracts modified with an alternate version of clause 552.238-75 Price Reductions; the alternate version of clause 552.238-75 does not require the vendor to monitor and provide price reductions to the Government when the customer or category of customer upon which the contract was predicated receives a discount. GSA will implement the new transactional data reporting requirements in phases, beginning with specific contract vehicles, including a few select Federal Supply Schedules, or Special Item Numbers that show the greatest potential to optimize transactional data via category management and reduced price variability. GSA will engage stakeholders throughout the phases of the implementation. GSA is reviewing the public comments received and analyzing alternatives for collecting transactional data, including the potential publication of a final rule. This case is included in GSA's retrospective review of existing regulations under Executive Order 13563. Additional information is located in GSA's retrospective review (2016), available at: www.gsa.gov/improvingregulations. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/04/15 80 FR 11619 NPRM Comment Period End............. 05/04/15 ....................... NPRM Comment Period Extended........ 05/06/15 80 FR 25994 NPRM Comment Period Extended End.... 05/11/15 ....................... Final Rule.......................... 09/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mr. Matthew McFarland, Program Analyst, General Services Administration, 1800 F Street NW., Washington, DC 20405, Phone: 202 690-9232, Email: [email protected]. RIN: 3090-AJ51 GENERAL SERVICES ADMINISTRATION (GSA) Office of Acquisition Policy Long-Term Actions 241. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015-G512, Unenforceable Commercial Supplier Agreement Terms Legal Authority: 40 U.S.C. 121(c) Abstract: GSA is amending the General Services Administration Acquisition Regulation (GSAR) to streamline the evaluation process to award contracts containing commercial supplier agreements Government and industry often spend significant time negotiating elements common in almost every commercial supplier agreement where the terms conflict with federal law. Past negotiations would always lead to deleting the terms from the contract, but only after several rounds of legal review by both parties. This case would explore methods for automatically nullifying these common terms out of contracts. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Janet Fry, Program Analyst, General Services Administration, 1800 F Street NW., Washington, DC 20405, Phone: 703 605-3167, Email: [email protected]. RIN: 3090-AJ67 GENERAL SERVICES ADMINISTRATION (GSA) Completed Actions 242. General Services Administration Regulation (GSAR); GSAR Case 2015- G508, Removal of Unnecessary Construction Clauses and Editorial Changes Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise GSAR part 536, Construction and Architect-Engineer Contracts, and corresponding provisions and clauses in GSAR part 552, Solicitation Provisions and Contract Clauses, to remove unnecessary construction clauses. These provisions and clauses are now covered in the FAR or are otherwise no longer necessary for the agency. Removing these clauses simplifies contract terms and conditions, reduces regulatory burden to contractors, and eliminates any conflict with language contained in construction contract technical specifications. Completed: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 01/27/16 81 FR 4593 Final Rule Effective................ 01/27/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Christina Mullins, Phone: 202 969-4966, Email: [email protected]. RIN: 3090-AJ57 [FR Doc. 2016-12924 Filed 6-8-16; 8:45 am] BILLING CODE 6820-34-P
![Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda 37387
Regulatory Flexibility Analysis stakeholders throughout the phases of Timetable:
Required: Yes. the implementation.
Agency Contact: Dana L. Munson, GSA is reviewing the public Action Date FR Cite
Procurement Analyst, General Services comments received and analyzing
Administration, 1800 F Street NW., alternatives for collecting transactional NPRM .................. 06/00/17
Washington, DC 20405, Phone: 202 357– data, including the potential publication
9652, Email: dana.munson@gsa.gov. of a final rule. This case is included in Regulatory Flexibility Analysis
RIN: 3090–AJ43 GSA’s retrospective review of existing Required: Yes.
240. General Services Administration regulations under Executive Order Agency Contact: Janet Fry, Program
Acquisition Regulation (GSAR); GSAR 13563. Additional information is Analyst, General Services
Case 2013–G504, Transactional Data located in GSA’s retrospective review Administration, 1800 F Street NW.,
Reporting (2016), available at: www.gsa.gov/ Washington, DC 20405, Phone: 703 605–
improvingregulations. 3167, Email: janet.fry@gsa.gov.
Legal Authority: 40 U.S.C. 121(c) Timetable:
Abstract: The General Services RIN: 3090–AJ67
Administration (GSA) is issuing a final Action Date FR Cite
rule amending the General Services
Administration Acquisition Regulation NPRM .................. 03/04/15 80 FR 11619
(GSAR) to require vendors to report NPRM Comment 05/04/15
transactional data from orders and Period End.
NPRM Comment 05/06/15 80 FR 25994 GENERAL SERVICES
prices paid by ordering activities. This ADMINISTRATION (GSA)
Period Ex-
includes orders placed against both tended.
Federal Supply Schedule (FSS) contract Completed Actions
NPRM Comment 05/11/15
vehicles and GSA’s non-FSS contract Period Ex- 242. General Services Administration
vehicles, Governmentwide Acquisition tended End. Regulation (GSAR); GSAR Case 2015–
Contracts (GWACs) and Multi-Agency Final Rule ............ 09/00/16 G508, Removal of Unnecessary
Contracts (MACs). Construction Clauses and Editorial
Once implemented, the new GSAR Regulatory Flexibility Analysis
Changes
transactional data reporting clauses will Required: Yes.
enable GSA to provide Federal agencies Agency Contact: Mr. Matthew Legal Authority: 40 U.S.C. 121(c)
with further market intelligence and McFarland, Program Analyst, General Abstract: The General Services
expert guidance in procuring goods and Services Administration, 1800 F Street Administration (GSA) is amending the
services in each category of GSA NW., Washington, DC 20405, Phone: General Services Administration
acquisition vehicles. The new 202 690–9232, Email: Acquisition Regulation (GSAR) to revise
requirement will not affect the matthew.mcfarland@gsa.gov. GSAR part 536, Construction and
Department of Veterans Affairs (VA) RIN: 3090–AJ51
Architect-Engineer Contracts, and
FSS contract holders. corresponding provisions and clauses in
The proposed amendment to the GSAR part 552, Solicitation Provisions
GSAR will add an alternate version of GENERAL SERVICES and Contract Clauses, to remove
the existing GSAR clause 552.238–74 ADMINISTRATION (GSA) unnecessary construction clauses. These
Industrial Funding Fee and Sales provisions and clauses are now covered
Reporting (IFF) (Federal Supply Office of Acquisition Policy
in the FAR or are otherwise no longer
Schedule) and a new GSAR clause Long-Term Actions necessary for the agency. Removing
552.216–75 Sales Reporting and Fee these clauses simplifies contract terms
Remittance. Under the FSS program, 241. General Services Administration
Acquisition Regulation (GSAR); GSAR and conditions, reduces regulatory
vendors that agree to the new burden to contractors, and eliminates
transactional reporting requirement will Case 2015–G512, Unenforceable
Commercial Supplier Agreement Terms any conflict with language contained in
have their contracts modified with an construction contract technical
alternate version of clause 552.238–75 Legal Authority: 40 U.S.C. 121(c) specifications.
Price Reductions; the alternate version Abstract: GSA is amending the
of clause 552.238–75 does not require General Services Administration Completed:
the vendor to monitor and provide price Acquisition Regulation (GSAR) to
Action Date FR Cite
reductions to the Government when the streamline the evaluation process to
customer or category of customer upon award contracts containing commercial Final Rule ............ 01/27/16 81 FR 4593
which the contract was predicated supplier agreements Government and Final Rule Effec- 01/27/16
receives a discount. industry often spend significant time tive.
GSA will implement the new negotiating elements common in almost
transactional data reporting every commercial supplier agreement Regulatory Flexibility Analysis
requirements in phases, beginning with where the terms conflict with federal Required: Yes.
specific contract vehicles, including a law. Past negotiations would always Agency Contact: Christina Mullins,
few select Federal Supply Schedules, or lead to deleting the terms from the Phone: 202 969–4966, Email:
sradovich on DSK3TPTVN1PROD with PROPOSALS
Special Item Numbers that show the contract, but only after several rounds of christina.mullins@gsa.gov.
greatest potential to optimize legal review by both parties. This case
transactional data via category would explore methods for RIN: 3090–AJ57
management and reduced price automatically nullifying these common [FR Doc. 2016–12924 Filed 6–8–16; 8:45 am]
variability. GSA will engage terms out of contracts. BILLING CODE 6820–34–P
VerDate Sep<11>2014 16:58 Jun 08, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 9990 E:\FR\FM\09JNP18.SGM 09JNP18](https://thefederalregister.org/doc/81_FR_37497/page/2.svg)
Document Created: 2018-02-08 07:33:37
Document Modified: 2018-02-08 07:33:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Unknown Section | |
| Action | Semiannual Regulatory Agenda. | |
| Contact | Hada Flowers, Division Director, Regulatory Secretariat Division at (202) 501-4755. | |
| FR Citation | 81 FR 37386 |
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