83 FR 40683 - General Services Administration Acquisition Regulation (GSAR); Federal Supply Schedule, Order-Level Materials; Technical Amendment

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range		40683-40684
FR Document		2018-17639

GSA is amending the General Services Administration Regulation (GSAR) to clarify the text regarding the application of the threshold for order-level materials (OLMs).

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40683-40684]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17639]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 552

[GSAR Change 89; GSAR Case 2016-G506; Docket No. 2016-0016; Sequence 
No.2]
RIN 3090-AJ75


General Services Administration Acquisition Regulation (GSAR); 
Federal Supply Schedule, Order-Level Materials; Technical Amendment

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

ACTION: Final rule.

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

SUMMARY: GSA is amending the General Services Administration Regulation 
(GSAR) to clarify the text regarding the application of the threshold 
for order-level materials (OLMs).

DATES: Effective: August 16, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Leah Price, GSA Acquisition Policy 
Division, Senior Policy Advisor, at leah.price@gsa.gov. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite GSAR Case 2016-G506.

SUPPLEMENTARY INFORMATION: 

I. Background

    GSAR Case 2016-G506; Federal Supply Schedule, Order-Level 
Materials, was published in the Federal Register at 83 FR 3275, on 
January 24, 2018. Since then, clarification is required regarding the 
application of the 33.33 percent threshold of order-level materials 
(OLMs) for task or delivery orders and orders against Federal Supply 
Schedule (FSS) BPAs awarded under FSS contracts at GSAR 552.238-
82(d)(4).

II. Discussion of Changes

    GSAR clause 552.238-82(d) Special Ordering Procedures for the 
Acquisition of Order-Level Materials prescribes procedures for 
including OLMs when placing an order against a Federal Supply Schedule 
(FSS) contract or FSS BPA. The procedures at d(4) of the clause require 
that the value of OLMs in an order awarded under a FSS contract or FSS 
BPA shall not exceed 33.33 percent of the total value of the order. The 
text at d(4) of the clause is being amended to clarify the 
applicability of the 33.33 percent threshold on OLMs placed in a task 
or delivery order or the cumulative value of OLMs in orders against an 
FSS BPA awarded under a FSS contract. There are no significant content 
changes resulting from this technical amendment.

III. 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 contains minor editorial updates without changing the 
meaning of content. The changes do not have a significant impact on the 
public.

IV. 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.

V. Executive Order 13771

    The General Services Administration certifies that this final rule 
will not have a significant economic impact on a substantial number of 
small entities within the meaning of the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq., because this editorial change does not have a 
significant impact on the public or Government.

VI. 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.

VII. 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 Part 552

    Government procurement.

    Dated: August 10, 2018.
Jeffrey A. Koses,
Senior Procurement Executive, General Services Administration.

    Therefore, GSA amends 48 CFR part 552 as set forth below:

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

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


[[Page 40684]]



0
2. Amend section 552.238-82 by revising paragraph (d)(4) to read as 
follows:


552.238-82  Special Ordering Procedures for the Acquisition of Order-
Level Materials.

* * * * *
    (d) * * *
    (4) The value of order-level materials in a task or delivery order, 
or the cumulative value of order-level materials in orders against an 
FSS BPA awarded under a FSS contract shall not exceed 33.33 percent.
* * * * *
[FR Doc. 2018-17639 Filed 8-15-18; 8:45 am]
 BILLING CODE 6820-61-P

Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40683

p.m. through 9:35 p.m. on August 19, application of the threshold for order- updates without changing the meaning
2018. The Captain of the Port Detroit, or level materials (OLMs). of content. The changes do not have a
a designated representative may DATES: Effective: August 16, 2018. significant impact on the public.
suspend enforcement of the safety zone FOR FURTHER INFORMATION CONTACT: Ms. IV. Executive Orders 12866 and 13563
at any time. Leah Price, GSA Acquisition Policy
(c) Regulations. (1) In accordance with Executive Orders (E.O.s) 12866 and
Division, Senior Policy Advisor, at 13563 direct agencies to assess all costs
the general regulations in § 165.23, entry leah.price@gsa.gov. For information
into, transiting or anchoring within this and benefits of available regulatory
pertaining to status or publication alternatives; and, if regulation is
safety zone is prohibited unless schedules, contact the Regulatory
authorized by the Captain of the Port necessary, to select regulatory
Secretariat Division at 202–501–4755. approaches that maximize net benefits
Detroit, or his designated representative. Please cite GSAR Case 2016–G506.
(2) This safety zone is closed to all (including potential economic,
SUPPLEMENTARY INFORMATION: environmental, public health and safety
vessel traffic, except as may be
permitted by the Captain of the Port I. Background effects, distributive impacts, and
Detroit or his designated representative. equity). E.O. 13563 emphasizes the
GSAR Case 2016–G506; Federal importance of quantifying both costs
(3) The ‘‘designated representative’’ of Supply Schedule, Order-Level
the Captain of the Port Detroit is any and benefits, of reducing costs, of
Materials, was published in the Federal harmonizing rules, and of promoting
Coast Guard commissioned, warrant, or Register at 83 FR 3275, on January 24,
petty officer who has been designated flexibility. This is not a significant
2018. Since then, clarification is regulatory action and, therefore, was not
by the Captain of the Port Detroit to act required regarding the application of the
on his behalf. The designated subject to review under Section 6(b) of
33.33 percent threshold of order-level E.O. 12866, Regulatory Planning and
representative of the Captain of the Port materials (OLMs) for task or delivery
Detroit will be aboard either a Coast Review, dated September 30, 1993. This
orders and orders against Federal rule is not a major rule under 5 U.S.C.
Guard or Coast Guard Auxiliary vessel. Supply Schedule (FSS) BPAs awarded
The Captain of the Port Detroit or his 804.
under FSS contracts at GSAR 552.238–
designated representative may be 82(d)(4). V. Executive Order 13771
contacted via VHF Channel 16. The General Services Administration
(4) Vessel operators desiring to enter II. Discussion of Changes
certifies that this final rule will not have
or operate within the safety zone shall GSAR clause 552.238–82(d) Special a significant economic impact on a
contact the Captain of the Port Detroit Ordering Procedures for the Acquisition substantial number of small entities
or his designated representative to of Order-Level Materials prescribes within the meaning of the Regulatory
obtain permission to do so. The COTP procedures for including OLMs when Flexibility Act, 5 U.S.C. 601, et seq.,
or his on-scene representative may be placing an order against a Federal because this editorial change does not
contacted via VHF Channel 16. Vessel Supply Schedule (FSS) contract or FSS have a significant impact on the public
operators given permission to enter or BPA. The procedures at d(4) of the or Government.
operate in the safety zone must comply clause require that the value of OLMs in
with all directions given to them by the VI. Regulatory Flexibility Act
an order awarded under a FSS contract
Captain of the Port Detroit or his or FSS BPA shall not exceed 33.33 The Regulatory Flexibility Act does
designated representative. percent of the total value of the order. not apply to this rule because this final
Dated: August 10, 2018. The text at d(4) of the clause is being rule does not constitute a significant
Jeffrey W. Novak, amended to clarify the applicability of GSAR revision and 41 U.S.C. 1707 does
Captain, U.S. Coast Guard, Captain of the the 33.33 percent threshold on OLMs not require publication for public
Port Detroit. placed in a task or delivery order or the comment.
[FR Doc. 2018–17698 Filed 8–15–18; 8:45 am] cumulative value of OLMs in orders VII. Paperwork Reduction Act
BILLING CODE 9110–04–P against an FSS BPA awarded under a
FSS contract. There are no significant This final rule does not contain any
content changes resulting from this information collection that requires
technical amendment. additional approval of the Office of
GENERAL SERVICES Management and Budget under the
ADMINISTRATION III. Public Comments Not Required Paperwork Reduction Act (44 U.S.C.
41 U.S.C. 1707, Publication of Chapter 35).
48 CFR Part 552
proposed regulations, applies to the List of Subjects in 48 CFR Part 552
[GSAR Change 89; GSAR Case 2016–G506; publication of the General Services
Administration Acquisition Regulation. Government procurement.
Docket No. 2016–0016; Sequence No.2]
Paragraph (a)(1) of the statute requires Dated: August 10, 2018.
RIN 3090–AJ75 that a procurement policy, regulation, Jeffrey A. Koses,
procedure, or form (including Senior Procurement Executive, General
General Services Administration Services Administration.
amendment or modification thereof)
Acquisition Regulation (GSAR);
must be published for public comment Therefore, GSA amends 48 CFR part
Federal Supply Schedule, Order-Level
if it has either a significant effect 552 as set forth below:
Materials; Technical Amendment
beyond the internal operating
sradovich on DSK3GMQ082PROD with RULES

AGENCY: Office of Acquisition Policy, procedures of the agency issuing the PART 552—SOLICITATION
General Services Administration (GSA). policy, regulation, procedure, or form, PROVISIONS AND CONTRACT
ACTION: Final rule. or has a significant cost or CLAUSES
administrative impact on contractors or
SUMMARY: GSA is amending the General offerors. This final rule is not required ■ 1. The authority citation for 48 CFR
Services Administration Regulation to be published for public comment part 552 continues to read as follows:
(GSAR) to clarify the text regarding the because it contains minor editorial Authority: 40 U.S.C. 121(c).

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Document Created: 2018-08-16 01:02:40
Document Modified: 2018-08-16 01:02:40

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: August 16, 2018.
Contact		Ms. Leah Price, GSA Acquisition Policy Division, Senior Policy Advisor, at [email protected] For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite GSAR Case 2016-G506.
FR Citation		83 FR 40683
RIN Number		3090-AJ75