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)

Page Range		68335-68336
FR Document		2016-24015

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 Issue 192 (Tuesday, October 4, 2016)

[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.

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

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unnecessary language regarding the outdated $5,000,000 FAR threshold 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

Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations 68335

December 17, 2015 addressing Contract GSAR clauses 552.219–71, IV. Regulatory Flexibility Act
noninterference with measures required Notice to Offerors of Subcontracting The Regulatory Flexibility Analysis
to protect visibility in any other state Plan Requirements, and 552.219–72, does not apply to this rule because this
(Clean Air Act section 110(a)(2)(D)(i)(II)) Preparation, Submission and final rule does not constitute a
are disapproved for the following Negotiation of Subcontracting Plans, are significant GSAR revision and 41 U.S.C.
National Ambient Air Quality updated to remove reference to the 1707 does not require publication for
Standards: 2006 PM2.5, 2008 Ozone, acquisition threshold of $650,000 and public comment.
2010 NO2, 2010 SO2 and 2012 PM2.5. the language is restructured to no longer
[FR Doc. 2016–24036 Filed 10–3–16; 8:45 am] state the threshold but rather direct the V. Paperwork Reduction Act
BILLING CODE 6560–50–P reader to FAR 52.219–9 which clearly The final rule does not contain any
addresses the thresholds for information collection requirements that
subcontracting plans. By referencing require approval of the Office of
GENERAL SERVICES back to the FAR, future inflation Management and Budget under the
ADMINISTRATION updates will not require amendments to Paperwork Reduction Act (44 U.S.C.
the GSAR. chapter 35).
48 CFR Parts 503 and 552 GSAR clause 552.270–13, Proposals List of Subjects in 48 CFR Parts 503 and
[GSAR Change 76; GSAR Case 2016–G501; for Adjustment, is updated to replace 552
Docket No. 2016–0018; Sequence No. 1] ‘‘$500,000’’ with ‘‘$750,000.’’ Government procurement.
Referencing the FAR for the threshold to
RIN 3090–AJ78 Dated: September 29, 2016.
prevent future updates was not an
alternative. Jeffrey A. Koses,
General Services Administration
Senior Procurement Executive, Office of
Acquisition Regulation (GSAR); II. Public Comments Not Required Acquisition Policy, Office of Government-
Inflation of Acquisition-Related wide Policy.
Thresholds 41 U.S.C. 1707, Publication of Therefore, GSA is amending 48 CFR
proposed regulations, applies to the parts 503 and 552 as set forth below:
AGENCY: Office of Acquisition Policy, publication of the General Services
General Services Administration (GSA). ■ 1. The authority citation for 48 CFR
Administration Acquisition Regulation.
ACTION: Final rule. parts 503 and 552 continues to read as
Paragraph (a)(1) of the statute requires
follows:
that a procurement policy, regulation,
SUMMARY: The General Services Authority: 40 U.S.C. 121(c).
procedure or form including
Administration (GSA) is amending the
General Services Administration amendment or modification thereof
must be published for public comment PART 503—IMPROPER BUSINESS
Acquisition Regulation (GSAR) to make PRACTICES AND PERSONAL
editorial changes. This case updates if it has either a significant effect
CONFLICTS OF INTEREST
acquisition-related thresholds to align beyond the internal operating
with the Federal Acquisition Regulation procedures of the agency issuing the ■ 2. Amend section 503.1004 by
(FAR). policy, regulation, procedure, or form or revising paragraph (a) to read as follows:
has a significant cost or administrative
DATES: Effective: October 4, 2016. 503.1004 Contract clauses.
impact on contractor or offerors. This
FOR FURTHER INFORMATION CONTACT: For final rule is not required to be published (a) GSA has exercised the authority
clarification of content, contact Ms. for public comment because it contains provided at FAR 3.1004(b)(1)(i) to
Janet Fry, Procurement Analyst, General minor editorial updates without establish a lower threshold for inclusion
Services Acquisition Policy Division, changing the meaning of content. The of clause 52.203–14, Display of Hotline
GSA, at 703–605–3167. For information changes do not have a significant impact Poster(s). When the contract or order is
pertaining to status or publication on the public. funded with disaster assistance funds,
schedules, contact the Regulatory the threshold is $1,000,000.
Secretariat at 202–501–4755. Please cite III. Executive Orders 12866 and 13563
* * * * *
GSAR case 2016–G501.
Executive Orders (E.O.s) 12866 and
SUPPLEMENTARY INFORMATION: PART 552—SOLICITATION
13563 direct agencies to assess all costs
I. Discussion of Changes and benefits of available regulatory PROVISIONS AND CONTRACT
CLAUSES
The General Services Administration alternatives and, if regulation is
(GSA) is amending the General Services necessary, to select regulatory ■ 3. Amend section 552.219–71 by
Administration Acquisition Regulation approaches that maximize net benefits revising the date of the provision and
(GSAR) to make editorial changes to (including potential economic, the provision to read as follows:
align acquisition thresholds with the environmental, public health and safety
effects, distributive impacts, and 552.219–71 Notice to Offerrors of
Federal Acquisition Regulation (FAR).
equity). E.O. 13563 emphasizes the Subcontracting Plan Requirements.
There are no significant content changes
resulting from this case. importance of quantifying both costs * * * * *
GSAR section 503.1004(a) is updated and benefits, of reducing costs, of
Notice to Offerrors of Subcontracting Plan
asabaliauskas on DSK3SPTVN1PROD with RULES

to remove the duplicative and harmonizing rules, and of promoting
Requirements (Oct 2016)
unnecessary language regarding the flexibility. This is not a significant
outdated $5,000,000 FAR threshold for regulatory action and, therefore, was not The General Services Administration
(GSA) is committed to assuring that
including FAR 52.203–14, Display of subject to review under Section 6(b) of
maximum practicable opportunity is
Hotline Poster(s). The remaining text E.O. 12866, Regulatory Planning and provided to small, HUBZone small, small
regarding the $1,000,000 threshold for Review, dated September 30, 1993. This disadvantaged, women-owned, veteran-
disaster assistance funds is retained rule is not a major rule under 5 U.S.C. owned, and service-disabled veteran-owned
with minor edits. 804. small business concerns to participate in the

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68336 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations

performance of this contract consistent with corrections throughout. The Agency is to carry out the motor carrier functions
its efficient performance. GSA expects any making minor changes to correct errors vested in the Secretary.
subcontracting plan submitted pursuant to and omissions, ensure conformity with Between 1984 and 1999, a number of
FAR 52.219–9, Small Business statutes added to FHWA’s authority.
Subcontracting Plan, to reflect this
Office of the Federal Register style
commitment. The plan must demonstrate a guidelines, update cross references, and Various statutes authorize the
creative and innovative program for improve clarity and consistency of enforcement of the FMCSRs, the
involving small, HUBZone small, small certain regulatory provisions. Further, Hazardous Materials Regulations
disadvantaged, women-owned, veteran- this set of amendments removes all (HMRs), and the Commercial
owned, and service-disabled veteran-owned remaining instances of the term Regulations, and provide both civil and
small business concerns as subcontractors in ‘‘common carrier’’ and ‘‘contract criminal penalties for violations of these
the performance of this contract. requirements. These statutes include the
carrier’’ as required by the ICC
* * * * * Termination Act (ICCTA) and the Safe, Motor Carrier Safety Act of 1984 (Pub.
Accountable, Flexible, Efficient L. 98–554, 98 Stat. 2832, Oct. 30, 1984),
■ 4. Amend section 552.219–72 by
Transportation Equity Act: A Legacy for codified at 49 U.S.C. chapter 311,
revising the date of the provision and
Users (SAFETEA–LU). This rule does subchapter III (MCSA); the Commercial
paragraph (a) to read as follows:
not make any substantive changes to the Motor Vehicle Safety Act of 1986 (Pub.
552.219–72 Preparation, Submission, and affected regulations, except to remove L. 99–570, 100 Stat. 3207–170, Oct. 27,
Negotiation of Subcontracting Plans. obsolete provisions. 1986), codified at 49 U.S.C. chapter 313;
* * * * * DATES: Effective Date: The final rule is
the Hazardous Materials Transportation
effective September 30, 2016. Uniform Safety Act of 1990, as amended
Preparation, Submission, and Negotiation of (Pub. L. 101–615, 104 Stat. 3244, Nov.
FOR FURTHER INFORMATION CONTACT: Mr.
Subcontracting Plans (Oct 2016) 16, 1990), codified at 49 U.S.C. chapter
David Miller, Federal Motor Carrier
(a) When submitting a subcontracting plan 51; and the ICCTA of 1995 (Pub. L. 104–
Safety Administration, Regulatory
in accordance with FAR 52.219–9, the offeror 88, 109 Stat. 803, Dec. 29, 1995),
shall submit a subcontracting plan with its Development Division, 1200 New Jersey codified at 49 U.S.C. chapters 131–149.
initial offer. The subcontracting plan will be Avenue SE., Washington, DC 20590– The Motor Carrier Safety
negotiated concurrently with price and any 0001, by telephone at (202) 366–5370 or Improvement Act of 1999 (MCSIA) (Pub.
required technical and management via email at FMCSAregs@dot.gov. Office L. 106–159, 113 Stat. 1748, Dec. 9, 1999)
proposals, unless the offeror submits a hours are from 9:00 a.m. to 5:00 p.m.
previously-approved commercial plan. established FMCSA as a new operating
e.t., Monday through Friday, except administration within DOT, effective
* * * * * Federal holidays. January 1, 2000. The motor carrier safety
■ 5. Amend section 552.270–13 by SUPPLEMENTARY INFORMATION: responsibilities previously assigned to
revising the date of the provision; and Legal Basis for the Rulemaking both ICC and FHWA are now assigned
removing from paragraph (c) to FMCSA.
Congress delegated certain powers to Congress expanded, modified, and
introductory text and paragraph (c)(2)
regulate interstate commerce to the amended FMCSA’s authority in the
‘‘500,000’’ and adding ‘‘750,000’’ in
United States Department of Uniting and Strengthening America by
their places, respectively.
The revision reads as follows. Transportation (DOT or Department) in Providing Appropriate Tools Required
numerous pieces of legislation, most to Intercept and Obstruct Terrorism
552.270–13 Proposals for Adjustment. notably in section 6 of the Department (USA PATRIOT) Act of 2001 (Pub. L.
* * * * * of Transportation Act (DOT Act) (Pub. 107–56, 115 Stat. 272, Oct. 26, 2001),
L. 85–670, 80 Stat. 931 (1966)). Section SAFETEA–LU (Pub. L. 109–59, 119 Stat.
Proposals for Adjustment (Oct 2016)
55 of the DOT Act transferred to the 1144, Aug. 10, 2005), the SAFETEA–LU
* * * * * Department the authority of the former
[FR Doc. 2016–24015 Filed 10–3–16; 8:45 am]
Technical Corrections Act of 2008 (Pub.
Interstate Commerce Commission (ICC) L. 110–244, 122 Stat. 1572, June 6,
BILLING CODE 6820–61–P
to regulate the qualifications and 2008), and the Moving Ahead for
maximum hours-of-service of Progress in the 21st Century Act (MAP–
employees, the safety of operations, and 21) (Pub. L. 112–141, 126 Stat. 405, July
DEPARTMENT OF TRANSPORTATION the equipment of motor carriers in 6, 2012).
interstate commerce. See 49 United The specific regulations amended by
Federal Motor Carrier Safety
States Code (U.S.C.) 104. This authority, this rule are based on the statutes
Administration
first granted to the ICC in the Motor detailed above. Generally, the legal
Carrier Act of 1935 (Pub. L. 74–255, 49 authority for each of those provisions
49 CFR Parts 355, 356, 365, 369, 370,
Stat. 543, Aug. 9, 1935), now appears in was explained when the requirement
373, 374, 376, 377, 378, 382, 383, 384,
49 U.S.C. chapter 315. The regulations was originally adopted and is noted at
385, 386, 390, 391, 392, 395, 397, and
issued under this authority became the beginning of each part in title 49 of
398
known as the Federal Motor Carrier the CFR. Title 49 CFR subtitle B, chapter
RIN 2126–AB95 Safety Regulations (FMCSRs), appearing III, contains all of the FMCSRs.
generally at 49 CFR parts 350–399. The The Administrative Procedure Act
General Technical, Organizational, administrative powers to enforce (APA) (5 U.S.C. 551–706) specifically
Conforming, and Correcting chapter 315 were also transferred from provides exceptions to its notice and
asabaliauskas on DSK3SPTVN1PROD with RULES

Amendments to the Federal Motor the ICC to the DOT in 1966 and appear public comment rulemaking procedures
Carrier Safety Regulations in 49 U.S.C. chapter 5. The Secretary of where the Agency finds there is good
AGENCY: Federal Motor Carrier Safety the DOT (Secretary) delegated oversight cause (and incorporates the finding and
Administration (FMCSA), DOT. of these provisions to the Federal a brief statement of reasons therefore in
ACTION: Final rule.
Highway Administration (FHWA), a the rules issued) to dispense with them.
predecessor agency of FMCSA. The Generally, good cause exists where the
SUMMARY: FMCSA amends its FMCSA Administrator has been Agency determines that notice and
regulations by making technical delegated authority under 49 CFR 1.87 public procedures are impractical,

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Document Created: 2016-10-04 03:04:24
Document Modified: 2016-10-04 03:04:24

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: October 4, 2016.
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.
FR Citation		81 FR 68335
RIN Number		3090-AJ78
CFR Citation		48 CFR 503 48 CFR 552