81 FR 4593 - General Services Administration Acquisition Regulation (GSAR); Removal of Unnecessary Construction Clauses and Editorial Changes

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 81, Issue 17 (January 27, 2016)

This final rule amends the General Services Administration Acquisition Regulation (GSAR) coverage on Construction and Architect- Engineer Contracts, including provisions and clauses for solicitations and resultant contracts, to remove unnecessary regulations.

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4593-4594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01422]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 536 and 552

[Change 68; GSAR Case 2015-G508; Docket No. 2005-0013; Sequence No. 1]
RIN 3090-AI81


General Services Administration Acquisition Regulation (GSAR); 
Removal of Unnecessary Construction Clauses and Editorial Changes

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

ACTION: Final rule.

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SUMMARY: This final rule amends the General Services Administration 
Acquisition Regulation (GSAR) coverage on Construction and Architect-
Engineer Contracts, including provisions and clauses for solicitations 
and resultant contracts, to remove unnecessary regulations.

DATES: Effective: January 27, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Christina Mullins, General Services Acquisition Policy Division, 
GSA, by phone at 202-969-4066 or by email at [email protected]. 
For information pertaining to status or publication schedules, contact 
the Regulatory Secretariat at 202-501-4755. Please cite GSAR case 2015-
G508.

SUPPLEMENTARY INFORMATION: 

I. Background

    The General Services Administration (GSA) published a proposed rule 
in the Federal Register at 80 FR 45498 on July 30, 2015 to revise 
sections of GSAR Part 536, Construction and Architect-Engineer 
Contracts, and Part 552, Solicitation Provisions and Contract Clauses, 
to remove unnecessary construction clauses. No comments were received 
on the proposed rule.

II. Discussion of Analysis

    No changes were made to the rule as there were no comments 
received.

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 E.O. 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

    GSA does not expect this final rule to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, at 5 U.S.C. 601, et.seq., because the 
rule only deletes unnecessary sections and clauses and does not contain 
substantive changes. However, a Final Regulatory Flexibility Analysis 
(FRFA) has been prepared.

    There were no comments submitted in response to the initial 
regulatory flexibility analysis provided in the proposed rule. The 
final rule changes will not have a significant economic impact on a 
substantial number of small entities. The rule changes do not place 
any new requirements on small entities. The section, provision and 
clause associated with project labor agreement is no longer a 
requirement based on Executive Order 13202 and because Executive 
Order 13502 was incorporated into FAR Subpart 22.5. The provisions 
and associated clauses for specialist, working hours, use of 
premises, measurements, samples, heat, and government use of 
equipment are considered technical requirements that are contained 
in the scope of work or specifications.


[[Page 4594]]


    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 536 and 552

    Government procurement.

    Dated: January 15, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.

    Therefore, GSA amends 48 CFR parts 536 and 552 as set forth below:

PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
1. The authority citation for 48 CFR part 536 continues to read as 
follows:

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


0
2. Revise section 536.101 to read as follows:


536.101  Applicability.

    This part supplements FAR Part 36 policies and procedures 
applicable to contracting for construction and architect-engineer 
services. Contracts for construction management services are covered by 
FAR Part 37 and GSAM Part 537. Part 536 shall take precedence when the 
acquisition involves (1) construction or architect-engineer services, 
and (2) when the requirement is inconsistent with another part of the 
GSAR.


536.271  [Removed]

0
3. Remove section 536.271.


536.570-3  [Removed and Reserved]

0
4. Remove and reserve section 536.570-3.


536.570-5 through 536.570-7  [Removed and Reserved]

0
5. Remove and reserve sections 536.570-5 through 536.570-7.


536.570-10 and 536.570-11  [Removed and Reserved]

0
6. Remove and reserve sections 536.570-10 and 536.570-11.


536.570-14  [Removed]

0
7. Remove section 536.570-14.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

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


552.236-72  [Removed and Reserved]

0
9. Remove and reserve section 552.236-72.


552.236-74 through 552.236-76  [Removed and Reserved]

0
10. Remove and reserve sections 552.236-74 through 552.236-76.


552.236-79 and 552.236-80  [Removed and Reserved]

0
11. Removed and reserve sections 552.236-79 and 552.236-80.


552.236-83  [Removed]

0
12. Remove section 552.236-83.


[FR Doc. 2016-01422 Filed 1-26-16; 8:45 am]
 BILLING CODE 6820-61-P