82 FR 2249 - General Services Administration Acquisition Regulation (GSAR); Fair Opportunity Complaints on GSA Contracts

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 82, Issue 5 (January 9, 2017)

Page Range		2249-2250
FR Document		2016-31932

The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to clarify that the ordering-agency task and delivery order Ombudsman has jurisdiction and responsibility to review and resolve fair opportunity complaints on tasks and delivery orders placed against GSA multiple-award contracts.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2249-2250]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31932]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

48 CFR Parts 516 and 552

[Change 81; GSAR Case 2015-G513; Docket No. 2016-0021; Sequence No. 1]
RIN 3090-AJ79


General Services Administration Acquisition Regulation (GSAR); 
Fair Opportunity Complaints on GSA Contracts

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

ACTION: Final rule.

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

SUMMARY: The General Services Administration (GSA) is issuing a final 
rule amending the General Services Administration Acquisition 
Regulation (GSAR) to clarify that the ordering-agency task and delivery 
order Ombudsman has jurisdiction and responsibility to review and 
resolve fair opportunity complaints on tasks and delivery orders placed 
against GSA multiple-award contracts.

DATES: Effective: January 9, 2017.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Dana Davis, General Services Acquisition Policy Division, GSA, by 
telephone at 202-357-9652 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-
G513.

SUPPLEMENTARY INFORMATION: 

I. Discussion of Changes

    The General Services Administration (GSA) is issuing a final rule 
amending the General Services Administration Acquisition Regulation 
(GSAR) part 552, Solicitation Provisions and Contract Clauses at 
552.216-74 Task and Delivery Orders. The final rule clarifies that the 
jurisdiction and responsibility to review and resolve fair opportunity 
complaints placed against GSA multiple-award contracts lies with the 
ordering-agency task and delivery order Ombudsman. Also, the final rule 
requires the ordering agency to include contact information for their 
task and delivery order Ombudsman when placing task or delivery orders 
against GSA multiple-award contracts. Finally, so that GSA can maintain 
insight into fair opportunity complaints that arise on orders other 
agencies place against these contracts, the final rule requires the 
contractor to provide a copy of its complaint to the GSA Procurement 
Ombudsman for informational purposes, at the same time the contractor 
files its complaint to the ordering agency for action.

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 contractors or offerors. 
This final rule is not required to be published for public comment 
because it does not have a significant impact on the public, 
contractors or offerors. This rule brings internal GSAR policy up-to-
date with FAR policy. The change clarifies internal operating 
procedures by the Government by clarifying GSA's jurisdiction regarding 
fair opportunity complaints. The proposed rule comment period is 
impracticable as the FAR has already directed specific regulatory 
action.

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

[[Page 2250]]

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 Act 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

    This final rule does not contain any information collection that 
requires additional 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 516 and 552

    Government procurement.

    Dated: December 29, 2016.
Nicholas West,
Acting Senior Procurement Executive, Acting Director, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Therefore, GSA amends 48 CFR parts 516 and 552 as set forth below:

0
1. The authority citation for 48 CFR parts 516 and 552 continues to 
read as follows:

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

PART 516--TYPES OF CONTRACTS

0
2. Amend section 516.506 by--
0
a. Revising paragraph (b);
0
b. Redesignate paragraph (d) as paragraph (e); and
0
c. Adding a new paragraph (d).
    The revision and addition reads as follows:


516.506   Solicitation provisions and contract clauses.

* * * * *
    (b) In solicitations and contracts for multiple-award contracts 
where GSA is the only ordering activity, or for GSA orders placed 
against a GSA multiple-award contract, insert clause 552.216-74, GSA 
Task-Order and Delivery-Order Ombudsman. This clause shall not be 
included in GSA-awarded contracts available for multiple agency use 
(i.e., Governmentwide Acquisition Contracts, Multi-Agency Contracts); 
instead, see paragraph (d) of this section.
* * * * *
    (d) Insert clause 552.216-76, Ordering Agency Task-Order and 
Delivery-Order Ombudsman in all GSA-awarded contracts available for 
multiple agency use (i.e., Governmentwide Acquisition Contracts, Multi-
Agency Contracts).
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 552.216-74 by revising the date of the clause and 
paragraph (c) to read as follows:


552.216-74   GSA Task-Order and Delivery-Order Ombudsman.

* * * * *

GSA Task-Order and Delivery-Order Ombudsman JAN 2017)

* * * * *
    (c) The GSA Task-Order and Delivery-Order Ombudsman is located 
at the General Services Administration (GSA), Office of Government-
wide Policy (OGP), Office of Acquisition Policy (MV). Contact 
information for the GSA Task-Order and Delivery-Order Ombudsman can 
be found at: http://www.gsa.gov/ombudsman.

(End of Clause)

0
4. Add section 552.216-76 to read as follows:


552.216-76   Ordering Agency Task-Order and Delivery-Order Ombudsman.

    As prescribed in 516.506(d), insert the following provision:

Ordering Agency Task-Order and Delivery-Order Ombudsman (JAN 2017)

    (a) Ordering Agency Task-Order and Delivery-Order Ombudsman. The 
Ordering Agency shall designate a Task-Order and Delivery-Order 
Ombudsman to review complaints from contractors and ensure that they 
are afforded a fair opportunity for consideration in the award of 
task or delivery orders placed against GSA Indefinite Delivery/
Indefinite Quantity (ID/IQ) contracts, consistent with the 
procedures in the contract. The contact information for the Ordering 
Agency Task-Order and Delivery-Order Ombudsman shall be made 
available to contractors.
    (b) Submission of Complaints. When a contractor submits a 
complaint to the Ordering Agency's designated Task-Order and 
Delivery-Order Ombudsman, the contractor shall also send a copy of 
the complaint to the GSA Procurement Ombudsman, for informational 
purposes. The GSA Procurement Ombudsman is located at the General 
Services Administration, Office of Governmentwide Policy (OGP), 
Office of Acquisition Policy (MV). Contact information for the GSA 
Procurement Ombudsman can be found at: http://www.gsa.gov/ombudsman.
    (c) If the contractor is not satisfied with the resolution of 
its complaint by the Ordering Agency Task-Order and Delivery-Order 
Ombudsman, the contractor may follow the procedures outlined in FAR 
subpart 33.1, as applicable (e.g., FAR 16.505(a)(10).

(End of Clause)

[FR Doc. 2016-31932 Filed 1-6-17; 8:45 am]
 BILLING CODE 6820-61-P

Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations 2249

requester to appeal to the Chairman no (9) Geological and geophysical Clauses at 552.216–74 Task and
less than 90 days after the date of such information and data, including maps, Delivery Orders. The final rule clarifies
adverse determination, and the right of concerning wells. that the jurisdiction and responsibility
such requester to seek dispute * * * * * to review and resolve fair opportunity
resolution services from the agency’s ■ 5. Amend § 503.34 by revising
complaints placed against GSA
FOIA Public Liaison or the Office of paragraph (b) to read as follows: multiple-award contracts lies with the
Government Information Services. ordering-agency task and delivery order
(2) Upon granting a request, the § 503.34 Annual report of public Ombudsman. Also, the final rule
Secretary shall promptly make records information request activity. requires the ordering agency to include
available to the requestor. Upon denial * * * * * contact information for their task and
of such a request the Secretary shall (b) Each such report shall be made delivery order Ombudsman when
promptly notify the requestor of the available to the public in electronic placing task or delivery orders against
determination, explain the reason for format. GSA multiple-award contracts. Finally,
denial, give an estimate of the volume so that GSA can maintain insight into
By the Commission.
of matter denied, and set forth the fair opportunity complaints that arise on
Rachel E. Dickon, orders other agencies place against these
names and titles or positions of each
person responsible for the denial of the Assistant Secretary. contracts, the final rule requires the
request. [FR Doc. 2016–31891 Filed 1–6–17; 8:45 am] contractor to provide a copy of its
(3)(i) * * * BILLING CODE 6731–AA–P complaint to the GSA Procurement
(B) Be filed not later than 90 days Ombudsman for informational
following receipt of notification of full purposes, at the same time the
or partial denial of records requested. GENERAL SERVICES contractor files its complaint to the
* * * * * ADMINISTRATION ordering agency for action.
(b) * * * II. Public Comments Not Required
(3) If the time limit is extended as 48 CFR Parts 516 and 552
prescribed under this section, and the 41 U.S.C. 1707, Publication of
[Change 81; GSAR Case 2015–G513; Docket
request cannot be processed within the No. 2016–0021; Sequence No. 1]
proposed regulations, applies to the
publication of the General Services
extended time limit, the Secretary shall RIN 3090–AJ79 Administration Acquisition Regulation.
notify the requestor, and either provide
Paragraph (a)(1) of the statute requires
the requestor with an opportunity to General Services Administration that a procurement policy, regulation,
limit the scope of the request so that it Acquisition Regulation (GSAR); Fair procedure, or form (including
may be processed within the time limit, Opportunity Complaints on GSA amendment or modification thereof)
or provide the requestor an opportunity Contracts must be published for public comment
to arrange with the Secretary an
AGENCY: Office of Acquisition Policy, if it has either a significant effect
alternative time frame for processing the
General Services Administration (GSA). beyond the internal operating
request or a modified request. To aid the
procedures of the agency issuing the
requester, the Commission will make ACTION: Final rule.
policy, regulation, procedure, or form,
available its FOIA Public Liaison, who or has a significant cost or
shall assist in the resolution of any SUMMARY: The General Services
Administration (GSA) is issuing a final administrative impact on contractors or
dispute between the requester and the offerors. This final rule is not required
Commission, and notify the requester of rule amending the General Services
Administration Acquisition Regulation to be published for public comment
the right of the requester to seek dispute because it does not have a significant
resolution services from the Office of (GSAR) to clarify that the ordering-
agency task and delivery order impact on the public, contractors or
Government Information Services. offerors. This rule brings internal GSAR
Ombudsman has jurisdiction and
* * * * * policy up-to-date with FAR policy. The
responsibility to review and resolve fair
■ 4. Amend § 503.33 by revising opportunity complaints on tasks and change clarifies internal operating
paragraph (a)(5) and adding paragraphs delivery orders placed against GSA procedures by the Government by
(a)(8) and (9) to read as follows: multiple-award contracts. clarifying GSA’s jurisdiction regarding
fair opportunity complaints. The
§ 503.33 Exceptions to availability of DATES: Effective: January 9, 2017.
proposed rule comment period is
records. FOR FURTHER INFORMATION CONTACT: For impracticable as the FAR has already
(a) * * * clarification of content, contact Ms. directed specific regulatory action.
(5) Inter-agency or intra-agency Dana Davis, General Services
memoranda or letters that would not be Acquisition Policy Division, GSA, by III. Executive Orders 12866 and 13563
available by law to a party other than an telephone at 202–357–9652 or by email Executive Orders (E.O.s) 12866 and
agency in litigation with the at dana.munson@gsa.gov. For 13563 direct agencies to assess all costs
Commission, provided that the information pertaining to status or and benefits of available regulatory
deliberative process privilege shall not publication schedules, contact the alternatives; and, if regulation is
apply to records created 25 years or Regulatory Secretariat at 202–501–4755. necessary, to select regulatory
more before the date on which the Please cite GSAR case 2015–G513. approaches that maximize net benefits
records were requested. SUPPLEMENTARY INFORMATION: (including potential economic,
sradovich on DSK3GMQ082PROD with RULES

* * * * * environmental, public health and safety
(8) Contained in or related to I. Discussion of Changes effects, distributive impacts, and
examination, operating, or condition The General Services Administration equity). E.O. 13563 emphasizes the
reports prepared by, on behalf of, or for (GSA) is issuing a final rule amending importance of quantifying both costs
the use of an agency responsible for the the General Services Administration and benefits, of reducing costs, of
regulation or supervision of financial Acquisition Regulation (GSAR) part 552, harmonizing rules, and of promoting
institutions; or Solicitation Provisions and Contract flexibility. This is not a significant

VerDate Sep<11>2014 16:50 Jan 06, 2017 Jkt 241001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\09JAR1.SGM 09JAR1

2250 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations

regulatory action and, therefore, was not 516.506 Solicitation provisions and ■ 4. Add section 552.216–76 to read as
subject to review under Section 6(b) of contract clauses. follows:
E.O. 12866, Regulatory Planning and * * * * *
Review, dated September 30, 1993. This (b) In solicitations and contracts for 552.216–76 Ordering Agency Task-Order
rule is not a major rule under 5 U.S.C. multiple-award contracts where GSA is and Delivery-Order Ombudsman.
804. the only ordering activity, or for GSA As prescribed in 516.506(d), insert the
orders placed against a GSA multiple- following provision:
IV. Regulatory Flexibility Act
award contract, insert clause 552.216–
The Regulatory Flexibility Act does 74, GSA Task-Order and Delivery-Order Ordering Agency Task-Order and Delivery-
not apply to this rule because this final Order Ombudsman (JAN 2017)
Ombudsman. This clause shall not be
rule does not constitute a significant included in GSA-awarded contracts (a) Ordering Agency Task-Order and
GSAR revision and 41 U.S.C. 1707 does available for multiple agency use (i.e., Delivery-Order Ombudsman. The Ordering
not require publication for public Governmentwide Acquisition Contracts, Agency shall designate a Task-Order and
comment. Multi-Agency Contracts); instead, see Delivery-Order Ombudsman to review
paragraph (d) of this section. complaints from contractors and ensure that
V. Paperwork Reduction Act they are afforded a fair opportunity for
This final rule does not contain any * * * * * consideration in the award of task or delivery
(d) Insert clause 552.216–76, Ordering
information collection that requires orders placed against GSA Indefinite
Agency Task-Order and Delivery-Order
additional approval of the Office of Delivery/Indefinite Quantity (ID/IQ)
Ombudsman in all GSA-awarded
Management and Budget under the contracts, consistent with the procedures in
Paperwork Reduction Act (44 U.S.C. contracts available for multiple agency the contract. The contact information for the
Chapter 35). use (i.e., Governmentwide Acquisition Ordering Agency Task-Order and Delivery-
Contracts, Multi-Agency Contracts). Order Ombudsman shall be made available to
List of Subjects in 48 CFR Parts 516 and * * * * * contractors.
552 (b) Submission of Complaints. When a
Government procurement. PART 552—SOLICITATION contractor submits a complaint to the
PROVISIONS AND CONTRACT Ordering Agency’s designated Task-Order
Dated: December 29, 2016.
CLAUSES and Delivery-Order Ombudsman, the
Nicholas West,
contractor shall also send a copy of the
Acting Senior Procurement Executive, Acting ■ 3. Amend section 552.216–74 by complaint to the GSA Procurement
Director, Office of Acquisition Policy, Office revising the date of the clause and
of Governmentwide Policy. Ombudsman, for informational purposes.
paragraph (c) to read as follows: The GSA Procurement Ombudsman is
Therefore, GSA amends 48 CFR parts located at the General Services
516 and 552 as set forth below: 552.216–74 GSA Task-Order and Delivery-
Order Ombudsman. Administration, Office of Governmentwide
■ 1. The authority citation for 48 CFR Policy (OGP), Office of Acquisition Policy
parts 516 and 552 continues to read as * * * * *
(MV). Contact information for the GSA
follows: GSA Task-Order and Delivery-Order Procurement Ombudsman can be found at:
Authority: 40 U.S.C. 121(c). Ombudsman JAN 2017) http://www.gsa.gov/ombudsman.
* * * * * (c) If the contractor is not satisfied with the
PART 516—TYPES OF CONTRACTS (c) The GSA Task-Order and Delivery- resolution of its complaint by the Ordering
Order Ombudsman is located at the General Agency Task-Order and Delivery-Order
■ 2. Amend section 516.506 by— Services Administration (GSA), Office of Ombudsman, the contractor may follow the
■ a. Revising paragraph (b); Government-wide Policy (OGP), Office of procedures outlined in FAR subpart 33.1, as
■ b. Redesignate paragraph (d) as Acquisition Policy (MV). Contact information applicable (e.g., FAR 16.505(a)(10).
paragraph (e); and for the GSA Task-Order and Delivery-Order
Ombudsman can be found at: http:// (End of Clause)
■ c. Adding a new paragraph (d).
The revision and addition reads as www.gsa.gov/ombudsman. [FR Doc. 2016–31932 Filed 1–6–17; 8:45 am]
follows: (End of Clause) BILLING CODE 6820–61–P
sradovich on DSK3GMQ082PROD with RULES

VerDate Sep<11>2014 16:50 Jan 06, 2017 Jkt 241001 PO 00000 Frm 00058 Fmt 4700 Sfmt 9990 E:\FR\FM\09JAR1.SGM 09JAR1

Document Created: 2018-10-24 11:09:50
Document Modified: 2018-10-24 11:09:50

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 9, 2017.
Contact		For clarification of content, contact Ms. Dana Davis, General Services Acquisition Policy Division, GSA, by telephone at 202-357-9652 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- G513.
FR Citation		82 FR 2249
RIN Number		3090-AJ79
CFR Citation		48 CFR 516 48 CFR 552