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)

Page Range		4593-4594
FR Document		2016-01422

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 Issue 17 (Wednesday, January 27, 2016)

[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.

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

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

Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 4593

Maritime Commission, 800 North applicant or by another applicant SUPPLEMENTARY INFORMATION:
Capitol Street NW., Washington, DC employing the same qualifying
I. Background
20573–0001, Tel.: (202) 523–5725, individual or controlled by persons
Email: secretary@fmc.gov. whose conduct the Commission based The General Services Administration
SUPPLEMENTARY INFORMATION: On its determination for revocation or (GSA) published a proposed rule in the
December 9, 2015, a Final Rule took denial, shall be reviewed directly by the Federal Register at 80 FR 45498 on July
effect significantly amending the Commission. 30, 2015 to revise sections of GSAR Part
Federal Maritime Commission’s 536, Construction and Architect-
regulations governing Ocean Subpart E—Freight Forwarding Fees Engineer Contracts, and Part 552,
Transportation Intermediaries (OTIs). and Compensation Solicitation Provisions and Contract
The Final Rule was published in the ■ 4. In § 515.42: Clauses, to remove unnecessary
Federal Register on November 5, 2015, ■ a. Revise the section heading. construction clauses. No comments
80 FR 68721. A section of the ■ b. In paragraph (c), in the last were received on the proposed rule.
regulations in place prior to the Final sentence, remove the numeral ‘‘2’’ and II. Discussion of Analysis
Rule, 46 CFR 515.17, (‘‘Application after add in its place ‘‘l’’.
revocation or denial’’), was The revision reads as follows: No changes were made to the rule as
inadvertently deleted when the Final there were no comments received.
Rule was published. This correction re- § 515.42 Forwarder and carrier
inserts the section content at 46 CFR compensation; fees. III. Executive Orders 12866 and 13563
515.18, and moves another section’s * * * * * Executive Orders (E.O.s) 12866 and
content to section 515.17 so that the Appendix D to Part 515 [Amended] 13563 direct agencies to assess all costs
regulations are in the proper order. and benefits of available regulatory
This correction also fixes three minor ■ 5. In Appendix D remove ‘‘the l, day alternatives and, if regulation is
typographical errors that were created in of l’’ and add in its place ‘‘the l, day necessary, to select regulatory
the course of production of the Code of ofl,l’’ every place it occurs. approaches that maximize net benefits
Federal Regulations in 46 CFR 515.42 Karen V. Gregory, (including potential economic,
and Appendix D to part 515. environmental, public health and safety
Secretary.
List of Subjects in 46 CFR Part 515 [FR Doc. 2016–01578 Filed 1–26–16; 8:45 am]
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
Freight, Freight forwarders, Maritime BILLING CODE 6731–AA–P
importance of quantifying both costs
carriers, Reporting and recordkeeping and benefits, of reducing costs, of
requirements. harmonizing rules, and of promoting
For the reasons stated in the GENERAL SERVICES
flexibility. This is not a significant
SUPPLEMENTARY INFORMATION, the ADMINISTRATION
regulatory action and, therefore, was not
Federal Maritime Commission corrects subject to review under Section 6(b) of
46 CFR part 515 as follows: 48 CFR Parts 536 and 552
E.O. 12866, Regulatory Planning and
[Change 68; GSAR Case 2015–G508; Docket Review, dated September 30, 1993. This
PART 515—LICENSING, FINANCIAL No. 2005–0013; Sequence No. 1] rule is not a major rule under 5 U.S.C.
RESPONSIBILITY REQUIREMENTS, 804.
RIN 3090–AI81
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES General Services Administration IV. Regulatory Flexibility Act
Acquisition Regulation (GSAR); GSA does not expect this final rule to
■ 1. The authority citation for part 515
Removal of Unnecessary Construction have a significant economic impact on
continues to read as follows:
Clauses and Editorial Changes a substantial number of small entities
Authority: 5 U.S.C. 553; 31 U.S.C. 9701;
46 U.S.C. 305, 40102, 40104, 40501–40503, AGENCY: Office of Acquisition Policy, within the meaning of the Regulatory
40901–40904, 41101–41109, 41301–41302, General Services Administration (GSA) Flexibility Act, at 5 U.S.C. 601, et.seq.,
41305–41307; Pub. L. 105–383, 112 Stat. because the rule only deletes
ACTION: Final rule.
3411; 21 U.S.C. 862. unnecessary sections and clauses and
SUMMARY: This final rule amends the does not contain substantive changes.
Subpart B—Eligibility and Procedure General Services Administration However, a Final Regulatory Flexibility
for Licensing and Registration Acquisition Regulation (GSAR) coverage Analysis (FRFA) has been prepared.
§ 515.18 [Redesignated as § 515.17]
on Construction and Architect-Engineer There were no comments submitted in
Contracts, including provisions and response to the initial regulatory flexibility
■ 2. Redesignate § 515.18 as § 515.17. clauses for solicitations and resultant analysis provided in the proposed rule. The
■ 3. Add new § 515.18 to read as contracts, to remove unnecessary final rule changes will not have a significant
follows: regulations. economic impact on a substantial number of
small entities. The rule changes do not place
§ 515.18 Application after revocation or DATES: Effective: January 27, 2016. any new requirements on small entities. The
denial. FOR FURTHER INFORMATION CONTACT: For section, provision and clause associated with
Whenever a license has been revoked clarification of content, contact Ms. project labor agreement is no longer a
asabaliauskas on DSK5VPTVN1PROD with RULES

or an application has been denied Christina Mullins, General Services requirement based on Executive Order 13202
because the Commission has found the Acquisition Policy Division, GSA, by and because Executive Order 13502 was
licensee or applicant to be not qualified phone at 202–969–4066 or by email at incorporated into FAR Subpart 22.5. The
provisions and associated clauses for
to render ocean transportation Christina.Mullins@gsa.gov. For specialist, working hours, use of premises,
intermediary services, any further information pertaining to status or measurements, samples, heat, and
application within 3 years of the publication schedules, contact the government use of equipment are considered
Commission’s notice of revocation or Regulatory Secretariat at 202–501–4755. technical requirements that are contained in
denial, made by such former licensee or Please cite GSAR case 2015–G508. the scope of work or specifications.

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4594 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations

Interested parties may obtain a copy 536.570–14 [Removed] GOA exclusive economic zone
of the FRFA from the Regulatory ■ 7. Remove section 536.570–14. according to the Fishery Management
Secretariat. The Regulatory Secretariat Plan for Groundfish of the Gulf of
has submitted a copy of the FRFA to the PART 552—SOLICITATION Alaska (FMP) prepared by the North
Chief Counsel for Advocacy of the Small PROVISIONS AND CONTRACT Pacific Fishery Management Council
Business Administration. CLAUSES under authority of the Magnuson-
Stevens Fishery Conservation and
V. Paperwork Reduction Act ■ 8. The authority citation for 48 CFR Management Act. Regulations governing
This final rule does not contain any part 552 continues to read as follows: fishing by U.S. vessels in accordance
information collection requirements that Authority: 40 U.S.C. 121(c). with the FMP appear at subpart H of 50
require the approval of the Office of CFR part 600 and 50 CFR part 679.
Management and Budget under the 552.236–72 [Removed and Reserved] The A season allowance of the 2016
Paperwork Reduction Act (44 U.S.C. ■ 9. Remove and reserve section total allowable catch (TAC) of pollock in
chapter 35). 552.236–72. Statistical Area 630 of the GOA is
List of Subjects in 48 CFR Parts 536 and 12,456 metric tons (mt) as established
552.236–74 through 552.236–76 [Removed by the final 2015 and 2016 harvest
552 and Reserved]
specifications for groundfish of the GOA
Government procurement. ■ 10. Remove and reserve sections (80 FR 10250, February 25, 2015) and
Dated: January 15, 2016. 552.236–74 through 552.236–76. inseason adjustment (81 FR 188, January
Jeffrey A. Koses, 5, 2016).
552.236–79 and 552.236–80 [Removed and
Senior Procurement Executive, Office of Reserved] In accordance with § 679.20(d)(1)(i),
Acquisition Policy, Office of Government- the Regional Administrator has
wide Policy. ■ 11. Removed and reserve sections determined that the A season allowance
552.236–79 and 552.236–80. of the 2016 TAC of pollock in Statistical
Therefore, GSA amends 48 CFR parts
536 and 552 as set forth below: 552.236–83 [Removed] Area 630 of the GOA will soon be
reached. Therefore, the Regional
PART 536—CONSTRUCTION AND ■ 12. Remove section 552.236–83. Administrator is establishing a directed
ARCHITECT-ENGINEER CONTRACTS [FR Doc. 2016–01422 Filed 1–26–16; 8:45 am] fishing allowance of 11,856 mt and is
BILLING CODE 6820–61–P
setting aside the remaining 600 mt as
■ 1. The authority citation for 48 CFR bycatch to support other anticipated
part 536 continues to read as follows: groundfish fisheries. In accordance with
Authority: 40 U.S.C. 121(c). § 679.20(d)(1)(iii), the Regional
DEPARTMENT OF COMMERCE
Administrator finds that this directed
■ 2. Revise section 536.101 to read as fishing allowance has been reached.
follows: National Oceanic and Atmospheric
Administration Consequently, NMFS is prohibiting
536.101 Applicability. directed fishing for pollock in Statistical
50 CFR Part 679 Area 630 of the GOA.
This part supplements FAR Part 36
policies and procedures applicable to After the effective date of this closure
[Docket No. 140918791–4999–02] the maximum retainable amounts at
contracting for construction and
architect-engineer services. Contracts for RIN 0648–XE410 § 679.20(e) and (f) apply at any time
construction management services are during a trip.
Fisheries of the Exclusive Economic
covered by FAR Part 37 and GSAM Part Classification
Zone Off Alaska; Pollock in Statistical
537. Part 536 shall take precedence
Area 630 in the Gulf of Alaska This action responds to the best
when the acquisition involves (1)
construction or architect-engineer available information recently obtained
AGENCY: National Marine Fisheries
services, and (2) when the requirement from the fishery. The Assistant
Service (NMFS), National Oceanic and
is inconsistent with another part of the Administrator for Fisheries, NOAA
Atmospheric Administration (NOAA),
GSAR. (AA), finds good cause to waive the
Commerce.
requirement to provide prior notice and
536.271 [Removed] ACTION: Temporary rule; closure. opportunity for public comment
■ 3. Remove section 536.271. SUMMARY: NMFS is prohibiting directed pursuant to the authority set forth at 5
fishing for pollock in Statistical Area U.S.C. 553(b)(B) as such requirement is
536.570–3 [Removed and Reserved] 630 in the Gulf of Alaska (GOA). This impracticable and contrary to the public
■ 4. Remove and reserve section action is necessary to prevent exceeding interest. This requirement is
536.570–3. the A season allowance of the 2016 total impracticable and contrary to the public
allowable catch of pollock for Statistical interest as it would prevent NMFS from
536.570–5 through 536.570–7 [Removed responding to the most recent fisheries
and Reserved] Area 630 in the GOA.
data in a timely fashion and would
DATES: Effective 1,200 hrs., Alaska local
■ 5. Remove and reserve sections delay the closure of directed fishing for
time (A.l.t.), January 27, 2016, through pollock in Statistical Area 630 of the
536.570–5 through 536.570–7.
asabaliauskas on DSK5VPTVN1PROD with RULES

1,200 hrs., A.l.t., March 10, 2016. GOA. NMFS was unable to publish a
536.570–10 and 536.570–11 [Removed and FOR FURTHER INFORMATION CONTACT: Josh document providing time for public
Reserved] Keaton, 907–586–7228. comment because the most recent,
■ 6. Remove and reserve sections SUPPLEMENTARY INFORMATION: NMFS relevant data only became available as
536.570–10 and 536.570–11. manages the groundfish fishery in the of January 20, 2016.

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Document Created: 2018-02-02 12:40:17
Document Modified: 2018-02-02 12:40:17

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		Rules and Regulations
Action		Final rule.
Dates		Effective: January 27, 2016.
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.
FR Citation		81 FR 4593
RIN Number		3090-AI81
CFR Citation		48 CFR 536 48 CFR 552