81 FR 94817 - Unified Agenda of Federal Regulatory and Deregulatory Actions
GENERAL SERVICES ADMINISTRATION Federal Register Volume 81, Issue 247 (December 23, 2016)
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94817-94819 | |
| FR Document | 2016-29916 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Unknown Section] [Pages 94817-94819] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29916] [[Page 94817]] Vol. 81 Friday, No. 247 December 23, 2016 Part XVIII General Services Administration ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / Unified Agenda [[Page 94818]] ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 41 CFR Chapters 101, 102, 105, 301, and 304 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 spring 2016 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. Published 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: September 1, 2016. Troy Cribb, Associate Administrator, Office of Government-wide Policy. General Services Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 395....................... General Services 3090-AJ75 Administration Acquisition Regulation (GSAR); GSAR 2016-G506, Federal Supply Schedule, Order-Level Materials. ------------------------------------------------------------------------ General Services Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 396....................... 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. ------------------------------------------------------------------------ 397....................... General Services 3090-AJ43 Administration Acquisition Regulation (GSAR); GSAR Case 2010- G511, Purchasing by Non- Federal Entities. 398....................... General Services 3090-AJ51 Administration Acquisition Regulation (GSAR); GSAR Case 2013- G504, Transactional Data Reporting. ------------------------------------------------------------------------ GENERAL SERVICES ADMINISTRATION (GSA) Office of Acquisition Policy Proposed Rule Stage 395.General Services Administration Acquisition Regulation (GSAR); GSAR 2016-G506, Federal Supply Schedule, Order-Level Materials Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to clarify the authority to acquire order-level materials when placing a task order or establishing a Blanket Purchase Agreement (BPA) against a Federal Supply Schedule (FSS) contract. This proposed rule seeks to provide clear and comprehensive implementation of the ability to acquire order-level materials through the FSS program to create parity between FSS contracts and commercial indefinite-delivery/indefinite- quantity (IDIQ) contracts, reduce the need to conduct less efficient procurement transactions, lower barriers of entry to the federal marketplace and make it easier to do business the federal government. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/09/16 81 FR 62445 NPRM Comment Period End............. 11/08/16 ....................... Final Rule.......................... 05/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Leah Price, Procurement Analyst, General Services Administration, 1800 F Street NW., [[Page 94819]] Washington, DC 20405, Phone: 703 605-2558, Email: [email protected]. RIN: 3090-AJ75 GENERAL SERVICES ADMINISTRATION (GSA) Office of Acquisition Policy Final Rule Stage 396. 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................................ 05/31/16 81 FR 34302 NPRM Comment Period End............. 08/01/16 ....................... Final Rule.......................... 04/00/17 ....................... ------------------------------------------------------------------------ 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 397. 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) amended 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 also amended 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. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 06/06/16 81 FR 36425 Final Rule Effective................ 07/06/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dana L. Munson, Phone: 202 357-9652, Email: [email protected]. RIN: 3090-AJ43 398. 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) amended the General Services Administration Acquisition Regulation (GSAR) to include clauses that require vendors to report transactional data from orders placed against certain Federal Supply Schedule (FSS) contracts, Governmentwide Acquisition Contracts (GWACs), and Governmentwide Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts. Transactional data refers to the information generated when the Government purchases goods or services from a vendor. It includes specific details such as descriptions, part numbers, quantities, and prices paid for the items purchased. GSA has experimented with collecting transactional data through some of its contracts and found it instrumental for improving competition, lowering pricing, and increasing transparency. Accordingly, GSA will now test these principles on a broader base of its contracting programs. This move supports the Government's shift towards category management by allowing it to centrally analyze what it buys and how much it pays, and thereby identify the most efficient solutions, channels, and sources to meet its mission critical needs. GSA will introduce a new Transactional Data Reporting clause to its FSS contracts in phases, beginning with a pilot for select Schedules and Special Item Numbers. Participating vendors will no longer be subject to the existing requirements for Commercial Sales Practices (CSP) disclosures and Price Reductions clause (PRC) basis of award monitoring, resulting in a substantial burden reduction. Stakeholders have identified the CSP and PRC requirements as some of the most burdensome under the Schedules program. These actions represent the most significant change to the Schedules program in the past two decades. GSA has also created a Transactional Data Reporting clause for all new GWACs and Governmentwide IDIQ contracts and may apply the clause to any existing contracts in this class that do not contain other transactional data requirements. In all, the Transactional Data Reporting rule will result in an estimated burden reduction of $29 million a year, which consists of a projected $15 million a year compliance burden minus the estimated $44 million a year burden for the CSP and PRC requirements being waived for vendors participating in the FSS pilot. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 06/23/16 81 FR 41103 Final Rule Effective................ 06/23/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Matthew McFarland, Phone: 202 690-9232, Email: [email protected]. RIN: 3090-AJ51 [FR Doc. 2016-29916 Filed 12-22-16; 8:45 am] BILLING CODE 6820-34-P
![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda 94819
Washington, DC 20405, Phone: 703 605– General Services Administration transactional data through some of its
2558, Email: leah.price@gsa.gov. Acquisition Regulation (GSAR) to contracts and found it instrumental for
RIN: 3090–AJ75 implement the Federal Supply improving competition, lowering
Schedules Usage Act of 2010 (FSSUA), pricing, and increasing transparency.
the Native American Housing Accordingly, GSA will now test these
GENERAL SERVICES Assistance and Self-Determination principles on a broader base of its
ADMINISTRATION (GSA) Reauthorization Act of 2008 contracting programs. This move
(NAHASDA), the John Warner National supports the Government’s shift towards
Office of Acquisition Policy Defense Authorization Act for Fiscal category management by allowing it to
Final Rule Stage Year 2007 (NDAA), and the Local centrally analyze what it buys and how
Preparedness Acquisition Act for Fiscal much it pays, and thereby identify the
396. General Services Administration Year 2008 (LPAA), to provide increased most efficient solutions, channels, and
Acquisition Regulation (GSAR); GSAR access to GSA’s Federal Supply sources to meet its mission critical
Case 2015–G512, Unenforceable Schedules (Schedules). GSA also needs.
Commercial Supplier Agreement Terms amended the Federal Supply Schedule GSA will introduce a new
Legal Authority: 40 U.S.C. 121(c) Contracting and Solicitation Provisions Transactional Data Reporting clause to
Abstract: GSA is amending the and Contract Clauses, in regard to this its FSS contracts in phases, beginning
General Services Administration statutory implementation. This case is with a pilot for select Schedules and
Acquisition Regulation (GSAR) to included in GSA’s retrospective review Special Item Numbers. Participating
streamline the evaluation process to of existing regulations under Executive vendors will no longer be subject to the
award contracts containing commercial Order 13563. Additional information is existing requirements for Commercial
supplier agreements Government and located in GSA’s retrospective review Sales Practices (CSP) disclosures and
industry often spend significant time (2016), available at: www.gsa.gov/ Price Reductions clause (PRC) basis of
negotiating elements common in almost improvingregulations. award monitoring, resulting in a
every commercial supplier agreement Completed: substantial burden reduction.
where the terms conflict with federal Stakeholders have identified the CSP
law. Past negotiations would always Reason Date FR Cite and PRC requirements as some of the
lead to deleting the terms from the most burdensome under the Schedules
Final Rule ............ 06/06/16 81 FR 36425
contract, but only after several rounds of Final Rule Effec- 07/06/16
program. These actions represent the
legal review by both parties. This case tive. most significant change to the
would explore methods for Schedules program in the past two
automatically nullifying these common Regulatory Flexibility Analysis decades. GSA has also created a
terms out of contracts. Required: Yes. Transactional Data Reporting clause for
Timetable: Agency Contact: Dana L. Munson, all new GWACs and Governmentwide
Phone: 202 357–9652, Email: IDIQ contracts and may apply the clause
Action Date FR Cite dana.munson@gsa.gov. to any existing contracts in this class
RIN: 3090–AJ43 that do not contain other transactional
NPRM .................. 05/31/16 81 FR 34302 data requirements.
NPRM Comment 08/01/16 398. General Services Administration
Period End. In all, the Transactional Data
Acquisition Regulation (GSAR); GSAR
Final Rule ............ 04/00/17 Reporting rule will result in an
Case 2013–G504, Transactional Data
estimated burden reduction of $29
Reporting
Regulatory Flexibility Analysis million a year, which consists of a
Required: Yes. Legal Authority: 40 U.S.C. 121(c) projected $15 million a year compliance
Agency Contact: Janet Fry, Program Abstract: The General Services burden minus the estimated $44 million
Analyst, General Services Administration (GSA) amended the a year burden for the CSP and PRC
Administration, 1800 F Street NW., General Services Administration requirements being waived for vendors
Washington, DC 20405, Phone: 703 605– Acquisition Regulation (GSAR) to participating in the FSS pilot.
3167, Email: janet.fry@gsa.gov. include clauses that require vendors to Completed:
RIN: 3090–AJ67 report transactional data from orders
placed against certain Federal Supply Reason Date FR Cite
Schedule (FSS) contracts,
Governmentwide Acquisition Contracts Final Rule ............ 06/23/16 81 FR 41103
GENERAL SERVICES (GWACs), and Governmentwide Final Rule Effec- 06/23/16
ADMINISTRATION (GSA) Indefinite-Delivery, Indefinite-Quantity tive.
Completed Actions (IDIQ) contracts.
Transactional data refers to the Regulatory Flexibility Analysis
397. General Services Administration information generated when the Required: Yes.
Acquisition Regulation (GSAR); GSAR Government purchases goods or services Agency Contact: Matthew McFarland,
Case 2010–G511, Purchasing by Non- from a vendor. It includes specific Phone: 202 690–9232, Email:
Federal Entities details such as descriptions, part matthew.mcfarland@gsa.gov.
mstockstill on DSK3G9T082PROD with PROPOSALP18
Legal Authority: 40 U.S.C. 121(c) numbers, quantities, and prices paid for RIN: 3090–AJ51
Abstract: The General Services the items purchased. GSA has [FR Doc. 2016–29916 Filed 12–22–16; 8:45 am]
Administration (GSA) amended the experimented with collecting BILLING CODE 6820–34–P
VerDate Sep<11>2014 21:46 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4701 Sfmt 9990 E:\FR\FM\23DEP18.SGM 23DEP18](https://thefederalregister.org/doc/81_FR_95064/page/3.svg)
Document Created: 2016-12-23 12:28:58
Document Modified: 2016-12-23 12:28:58
| 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 | Proposed Rules | |
| Action | Semiannual Regulatory Agenda. | |
| Contact | Hada Flowers, Division Director, Regulatory Secretariat Division at 202-501-4755. | |
| FR Citation | 81 FR 94817 | |
| CFR Citation | 41 Title 41 CFR Chapter 101 41 Title 41 CFR Chapter 102 41 Title 41 CFR Chapter 105 41 Title 41 CFR Chapter 301 41 Title 41 CFR Chapter 304 48 Title 48 CFR Chapter 5 |
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