81 FR 68335 - General Services Administration Acquisition Regulation (GSAR); Inflation of Acquisition-Related Thresholds

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 81, Issue 192 (October 4, 2016)

The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to make editorial changes. This case updates acquisition-related thresholds to align with the Federal Acquisition Regulation (FAR).

[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68335-68336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24015]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 503 and 552

[GSAR Change 76; GSAR Case 2016-G501; Docket No. 2016-0018; Sequence 
No. 1]
RIN 3090-AJ78


General Services Administration Acquisition Regulation (GSAR); 
Inflation of Acquisition-Related Thresholds

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

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to make 
editorial changes. This case updates acquisition-related thresholds to 
align with the Federal Acquisition Regulation (FAR).

DATES: Effective: October 4, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Janet Fry, Procurement Analyst, General Services Acquisition Policy 
Division, GSA, at 703-605-3167. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-
4755. Please cite GSAR case 2016-G501.

SUPPLEMENTARY INFORMATION:

I. Discussion of Changes

    The General Services Administration (GSA) is amending the General 
Services Administration Acquisition Regulation (GSAR) to make editorial 
changes to align acquisition thresholds with the Federal Acquisition 
Regulation (FAR). There are no significant content changes resulting 
from this case.
    GSAR section 503.1004(a) is updated to remove the duplicative and 
unnecessary language regarding the outdated $5,000,000 FAR threshold 
for including FAR 52.203-14, Display of Hotline Poster(s). The 
remaining text regarding the $1,000,000 threshold for disaster 
assistance funds is retained with minor edits.
    Contract GSAR clauses 552.219-71, Notice to Offerors of 
Subcontracting Plan Requirements, and 552.219-72, Preparation, 
Submission and Negotiation of Subcontracting Plans, are updated to 
remove reference to the acquisition threshold of $650,000 and the 
language is restructured to no longer state the threshold but rather 
direct the reader to FAR 52.219-9 which clearly addresses the 
thresholds for subcontracting plans. By referencing back to the FAR, 
future inflation updates will not require amendments to the GSAR.
    GSAR clause 552.270-13, Proposals for Adjustment, is updated to 
replace ``$500,000'' with ``$750,000.'' Referencing the FAR for the 
threshold to prevent future updates was not an alternative.

II. Public Comments Not Required

    41 U.S.C. 1707, Publication of proposed regulations, applies to the 
publication of the General Services Administration Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form including amendment or 
modification thereof must be published for public comment if it has 
either a significant effect beyond the internal operating procedures of 
the agency issuing the policy, regulation, procedure, or form or has a 
significant cost or administrative impact on contractor or offerors. 
This final rule is not required to be published for public comment 
because it contains minor editorial updates without changing the 
meaning of content. The changes do not have a significant impact on the 
public.

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

    The Regulatory Flexibility Analysis does not apply to this rule 
because this final rule does not constitute a significant GSAR revision 
and 41 U.S.C. 1707 does not require publication for public comment.

V. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require 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 503 and 552

    Government procurement.

    Dated: September 29, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.
    Therefore, GSA is amending 48 CFR parts 503 and 552 as set forth 
below:

0
1. The authority citation for 48 CFR parts 503 and 552 continues to 
read as follows:

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

PART 503--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
2. Amend section 503.1004 by revising paragraph (a) to read as follows:


503.1004   Contract clauses.

    (a) GSA has exercised the authority provided at FAR 3.1004(b)(1)(i) 
to establish a lower threshold for inclusion of clause 52.203-14, 
Display of Hotline Poster(s). When the contract or order is funded with 
disaster assistance funds, the threshold is $1,000,000.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 552.219-71 by revising the date of the provision and 
the provision to read as follows:


552.219-71   Notice to Offerrors of Subcontracting Plan Requirements.

* * * * *

Notice to Offerrors of Subcontracting Plan Requirements (Oct 2016)

    The General Services Administration (GSA) is committed to 
assuring that maximum practicable opportunity is provided to small, 
HUBZone small, small disadvantaged, women-owned, veteran-owned, and 
service-disabled veteran-owned small business concerns to 
participate in the

[[Page 68336]]

performance of this contract consistent with its efficient 
performance. GSA expects any subcontracting plan submitted pursuant 
to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this 
commitment. The plan must demonstrate a creative and innovative 
program for involving small, HUBZone small, small disadvantaged, 
women-owned, veteran-owned, and service-disabled veteran-owned small 
business concerns as subcontractors in the performance of this 
contract.

* * * * *

0
4. Amend section 552.219-72 by revising the date of the provision and 
paragraph (a) to read as follows:


552.219-72   Preparation, Submission, and Negotiation of Subcontracting 
Plans.

* * * * *

Preparation, Submission, and Negotiation of Subcontracting Plans (Oct 
2016)

    (a) When submitting a subcontracting plan in accordance with FAR 
52.219-9, the offeror shall submit a subcontracting plan with its 
initial offer. The subcontracting plan will be negotiated 
concurrently with price and any required technical and management 
proposals, unless the offeror submits a previously-approved 
commercial plan.

* * * * *

0
5. Amend section 552.270-13 by revising the date of the provision; and 
removing from paragraph (c) introductory text and paragraph (c)(2) 
``500,000'' and adding ``750,000'' in their places, respectively.
    The revision reads as follows.


552.270-13   Proposals for Adjustment.

* * * * *

Proposals for Adjustment (Oct 2016)

* * * * *
[FR Doc. 2016-24015 Filed 10-3-16; 8:45 am]
 BILLING CODE 6820-61-P