83 FR 56739 - General Services Administration Acquisition Regulation; Removing Duplicative Responsibility Determination Guidance

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range		56739-56740
FR Document		2018-24755

GSA is amending the General Services Administration Acquisition Regulation (GSAR) to remove duplicative text already contained in the Federal Acquisition Regulation.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56739-56740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24755]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 509

[GSAR Change 96; GSAR Case 2017-G503; Docket No. 2018-0012; Sequence 
No. 1]
RIN 3090-AJ87


General Services Administration Acquisition Regulation; Removing 
Duplicative Responsibility Determination Guidance

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

ACTION: Direct final rule.

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

SUMMARY: GSA is amending the General Services Administration 
Acquisition Regulation (GSAR) to remove duplicative text already 
contained in the Federal Acquisition Regulation.

DATES: Effective date: This rule is effective January 14, 2019 unless 
GSA receives adverse comments during the comment period. If GSA 
receives adverse comments, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.
    Comment date: Comments are due December 14, 2018 by any of the 
methods listed in the Addresses section of this rule.

ADDRESSES: Submit comments in response to GSAR Case 2017-G503 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``GSAR 
Case 2017-G503''. Select the link ``Comment Now'' that corresponds with 
``GSAR Case 2017-G503.'' Follow the instructions provided on the 
screen. Please include your name, company name (if any), and ``GSAR 
Case 2017-G503'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd 
floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite ``GSAR Case 
2017-G503'' in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission 
to verify posting (except allow 30 days for posting of comments 
submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Johnnie McDowell, Procurement 
Analyst, at 202-718-6112 or [email protected], for clarification 
of content. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat Division at 202-501-4755. 
Please cite GSAR Case 2017-G503.

SUPPLEMENTARY INFORMATION: 

I. Background

    FAR 1.304(b) states that agency regulations shall not 
``unnecessarily repeat, paraphrase, or otherwise restate material 
contained in the FAR.'' Here, both GSAR 509.105-1(b) and FAR 9.105(b) 
provide guidance to obtaining information from Government sources for a 
responsibility determination of potential Government contractors.

II. Discussion and Analysis

    Both GSAR 509.105-1(b) and FAR 9.105-1(b) pertain to how 
contracting officers obtain information regarding a contractor's 
responsibility. GSAR 509.105-1(b) states ``[t]he contracting officer 
may solicit and consider information from any appropriate 
activities[.]'' FAR 9.105-1(b) states ``[g]enerally, the contracting 
officer shall obtain information regarding the responsibility of 
prospective contractors, including requesting pre-award surveys when 
necessary (see 9.106) promptly after bid opening or receipt of offers . 
. .'' GSAR 509.105-1(b) simply paraphrases FAR 9.105-1(b) as it 
restates that a contracting officer should obtain information regarding 
a contractor's responsibility through ``any appropriate activities'' 
which is implied through FAR 9.105-1(b)'s language. Further, FAR 9.105 
includes that standards and procedures for requesting and obtaining 
information sufficient to determine the responsibility of a

[[Page 56740]]

prospective contractor, i.e., that an offeror meets the standards at 
FAR 9.104. Therefore, GSAR 509.105-1(b) will be removed from the GSAR 
because it violates FAR 1.304(b) by unnecessarily paraphrasing FAR 
9.105-1(b).

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. Executive Order 13771

    This final rule is not subject to E.O. 13771, because this rule is 
not a significant regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    This 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 the rule 
merely removes unnecessarily duplicative regulatory language. The rule 
imposes no new reporting, recordkeeping, or other information 
collection requirements. Therefore, a Regulatory Flexibility Analysis 
has not been performed.

VI. Paperwork Reduction Act

    This rule does not contain any information collection requirements 
that require the 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 509

    Government procurement.

    Dated: November 7, 2018.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy, General Services Administration.

    Therefore, GSA is amending 48 CFR part 509 as set forth below:

PART 509--CONTRACTOR QUALIFICATIONS

0
1. The authority citation for part 509 continues to read as follows:

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


0
2. Revise section 509.105-1 to read as follows:


509.105-1   Obtaining information.

    FAR 9.105-1 lists a number of sources of information that a 
contracting officer may utilize before making a determination of 
responsibility. The contracting officer may request information 
directly from a prospective contractor using GSA Form 527, Contractor's 
Qualifications and Financial Information, but only after exhausting 
other available sources of information.

[FR Doc. 2018-24755 Filed 11-13-18; 8:45 am]
 BILLING CODE 6820-61-P

Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations 56739

TABLE 2—EPA-APPROVED ARIZONA REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date Additional explanation
date

* * * * * * *
R18–2–715.02 ........ Standards of Performance for Existing 5/7/2017 11/14/2018, [insert Submitted by the Governor’s designee
Primary Copper Smelters; Fugitive Federal Register on April 6, 2017.
Emissions. citation].

* * * * * * *

Article 13 (State Implementation Plan Rules for Specific Locations)

R18–2–B1301 ......... Limits on Lead Emissions from the Hay- 7/1/2018 11/14/2018, [insert Submitted by the Governor’s designee
den Smelter. Federal Register on April 6, 2017.
citation].

* * * * * * *
R18–2–C1302, ex- Limits on SO2 Emissions from the 12/14/2018 11/14/2018, [insert Submitted by the Governor’s designee
cluding subsection Miami Smelter. Federal Register on April 6, 2017. Subsection (E)(6)
(E)(6). citation]. was withdrawn by the Arizona De-
partment of Environmental Quality.
Appendix 14 ............ Procedures for Sulfur Dioxide and Lead 5/7/2017 11/14/2018, [insert Submitted by the Governor’s designee
Fugitive Emissions Studies for the Federal Register on April 6, 2017.
Hayden Smelter. citation].

* * * * * * *

* * * * * ADDRESSES: Submit comments in Secretariat Division at 202–501–4755.
[FR Doc. 2018–24743 Filed 11–13–18; 8:45 am] response to GSAR Case 2017–G503 by Please cite GSAR Case 2017–G503.
BILLING CODE 6560–50–P any of the following methods: SUPPLEMENTARY INFORMATION:
• Regulations.gov: http://
I. Background
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by FAR 1.304(b) states that agency
GENERAL SERVICES regulations shall not ‘‘unnecessarily
searching for ‘‘GSAR Case 2017–G503’’.
ADMINISTRATION repeat, paraphrase, or otherwise restate
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘GSAR Case 2017– material contained in the FAR.’’ Here,
48 CFR Part 509
G503.’’ Follow the instructions provided both GSAR 509.105–1(b) and FAR
[GSAR Change 96; GSAR Case 2017–G503; on the screen. Please include your 9.105(b) provide guidance to obtaining
Docket No. 2018–0012; Sequence No. 1] name, company name (if any), and information from Government sources
‘‘GSAR Case 2017–G503’’ on your for a responsibility determination of
RIN 3090–AJ87 attached document. potential Government contractors.
• Mail: General Services II. Discussion and Analysis
General Services Administration Administration, Regulatory Secretariat
Acquisition Regulation; Removing Both GSAR 509.105–1(b) and FAR
Division (MVCB), ATTN: Lois Mandell, 9.105–1(b) pertain to how contracting
Duplicative Responsibility 1800 F Street NW, 2nd floor,
Determination Guidance officers obtain information regarding a
Washington, DC 20405. contractor’s responsibility. GSAR
AGENCY: Office of Acquisition Policy, Instructions: Please submit comments 509.105–1(b) states ‘‘[t]he contracting
General Services Administration (GSA). only and cite ‘‘GSAR Case 2017–G503’’ officer may solicit and consider
ACTION: Direct final rule.
in all correspondence related to this information from any appropriate
case. All comments received will be activities[.]’’ FAR 9.105–1(b) states
SUMMARY: GSA is amending the General posted without change to http:// ‘‘[g]enerally, the contracting officer shall
Services Administration Acquisition www.regulations.gov, including any obtain information regarding the
Regulation (GSAR) to remove personal and/or business confidential responsibility of prospective
duplicative text already contained in the information provided. To confirm contractors, including requesting pre-
Federal Acquisition Regulation. receipt of your comment(s), please award surveys when necessary (see
DATES: Effective date: This rule is check https://www.regulations.gov, 9.106) promptly after bid opening or
effective January 14, 2019 unless GSA approximately two to three days after receipt of offers . . .’’ GSAR 509.105–
receives adverse comments during the submission to verify posting (except 1(b) simply paraphrases FAR 9.105–1(b)
comment period. If GSA receives allow 30 days for posting of comments as it restates that a contracting officer
adverse comments, we will publish a submitted by mail). should obtain information regarding a
timely withdrawal in the Federal FOR FURTHER INFORMATION CONTACT: Ms. contractor’s responsibility through ‘‘any
Register informing the public that the Johnnie McDowell, Procurement appropriate activities’’ which is implied
rule will not take effect. Analyst, at 202–718–6112 or through FAR 9.105–1(b)’s language.
Comment date: Comments are due johnnie.mcdowell@gsa.gov, for Further, FAR 9.105 includes that
December 14, 2018 by any of the clarification of content. For information standards and procedures for requesting
methods listed in the Addresses section pertaining to status or publication and obtaining information sufficient to
of this rule. schedules, contact the Regulatory determine the responsibility of a

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56740 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations

prospective contractor, i.e., that an PART 509—CONTRACTOR and Aleutian Islands Management Area
offeror meets the standards at FAR QUALIFICATIONS (FMP) prepared by the North Pacific
9.104. Therefore, GSAR 509.105–1(b) Fishery Management Council under
will be removed from the GSAR because ■ 1. The authority citation for part 509 authority of the Magnuson-Stevens
it violates FAR 1.304(b) by continues to read as follows: Fishery Conservation and Management
unnecessarily paraphrasing FAR 9.105– Authority: 40 U.S.C. 121(c). Act. Regulations governing fishing by
1(b). U.S. vessels in accordance with the FMP
■ 2. Revise section 509.105–1 to read as appear at subpart H of 50 CFR part 600
III. Executive Orders 12866 and 13563 follows: and 50 CFR part 679.
Executive Orders (E.O.s) 12866 and The 2018 Pacific cod TAC specified
509.105–1 Obtaining information.
13563 direct agencies to assess all costs for vessels using jig gear in the BSAI is
FAR 9.105–1 lists a number of sources 249 metric tons (mt) as established by
and benefits of available regulatory of information that a contracting officer
alternatives and, if regulation is the final 2018 and 2019 harvest
may utilize before making a specifications for groundfish in the
necessary, to select regulatory determination of responsibility. The
approaches that maximize net benefits BSAI (83 FR 8365, February 27, 2018)
contracting officer may request and reallocation (83 FR 42227, August
(including potential economic, information directly from a prospective
environmental, public health and safety 21, 2018).
contractor using GSA Form 527, The 2018 Pacific cod TAC specified
effects, distributive impacts, and Contractor’s Qualifications and
equity). E.O. 13563 emphasizes the for trawl catcher vessels in the BSAI is
Financial Information, but only after 40,227 mt as established by the final
importance of quantifying both costs exhausting other available sources of
and benefits, of reducing costs, of 2018 and 2019 harvest specifications for
information. groundfish in the BSAI (83 FR 8365,
harmonizing rules, and of promoting
flexibility. This is not a significant [FR Doc. 2018–24755 Filed 11–13–18; 8:45 am] February 27, 2018).
BILLING CODE 6820–61–P The 2018 Pacific cod TAC specified
regulatory action and, therefore, was not
for AFA catcher/processors in the BSAI
subject to review under section 6(b) of
is 4,186 mt as established by the final
E.O. 12866, Regulatory Planning and
DEPARTMENT OF COMMERCE 2018 and 2019 harvest specifications for
Review, dated September 30, 1993. This
groundfish in the BSAI (83 FR 8365,
rule is not a major rule under 5 U.S.C. February 27, 2018).
804. National Oceanic and Atmospheric
Administration The 2018 Pacific cod TAC allocated to
IV. Executive Order 13771 catcher vessels less than 60 feet (18.3 m)
50 CFR Part 679 LOA using hook-and-line or pot gear in
This final rule is not subject to E.O. the BSAI is 6,290 mt as established by
13771, because this rule is not a [Docket No. 170817779–8161–02] final 2018 and 2019 harvest
significant regulatory action under E.O. RIN 0648–XG591 specifications for groundfish in the
12866. BSAI (83 FR 8365, February 27, 2018)
V. Regulatory Flexibility Act Fisheries of the Exclusive Economic and reallocation (83 FR 42227, August
Zone Off Alaska; Reallocation of 21, 2018).
This rule will not have a significant Pacific Cod in the Bering Sea and The Administrator, Alaska Region,
economic impact on a substantial Aleutian Islands Management Area NMFS, (Regional Administrator) has
number of small entities within the determined that jig vessels will not be
meaning of the Regulatory Flexibility AGENCY: National Marine Fisheries able to harvest 100 mt of the 2018
Act, 5 U.S.C. 601 et seq., because the Service (NMFS), National Oceanic and Pacific cod TAC allocated to those
rule merely removes unnecessarily Atmospheric Administration (NOAA), vessels under § 679.20(a)(7)(ii)(A)(1), the
duplicative regulatory language. The Commerce. trawl catcher vessels will not be able to
rule imposes no new reporting, ACTION: Temporary rule; reallocation. harvest 2,200 mt of the 2018 Pacific cod
recordkeeping, or other information TAC allocated to those vessels under
SUMMARY: NMFS is reallocating the
collection requirements. Therefore, a § 679.20(a)(7)(ii)(A)(9), and the AFA
projected unused amount of Pacific cod
Regulatory Flexibility Analysis has not catcher/processors will not be able to
total allowable catch (TAC) from vessels
been performed. harvest 158 mt of the 2018 Pacific cod
using jig gear, trawl catcher vessels, and
TAC allocated to those vessels under
VI. Paperwork Reduction Act American Fisheries Act (AFA) catcher/
§ 679.20(a)(7)(ii)(A)(7). Therefore, in
processors to catcher vessels less than
This rule does not contain any accordance with § 679.20(a)(7)(iii)(A),
60 feet (18.3 m) length overall (LOA)
information collection requirements that NMFS apportions 100 mt of Pacific cod
using hook-and-line or pot gear in the
require the approval of the Office of from the jig vessel apportionment, 2,200
Bering Sea and Aleutian Islands
Management and Budget under the mt of Pacific cod from the trawl catcher
management area. This action is
Paperwork Reduction Act (44 U.S.C. vessel apportionment, and 158 mt of
necessary to allow the 2018 TAC of
chapter 35). Pacific cod from the AFA catcher/
Pacific cod to be harvested.
processor apportionment to the annual
List of Subjects in 48 CFR Part 509 DATES: Effective November 13, 2018, amount specified for catcher vessels less
through 2400 hours, Alaska local time than 60 feet (18.3 m) LOA using hook-
Government procurement.
(A.l.t.), December 31, 2018. and-line or pot gear. The harvest
Dated: November 7, 2018.
FOR FURTHER INFORMATION CONTACT: specifications for Pacific cod included
Jeffrey A. Koses, Steve Whitney, 907–586–7228. in final 2018 and 2019 harvest
Senior Procurement Executive, Office of SUPPLEMENTARY INFORMATION: NMFS specifications for groundfish in the
Acquisition Policy, Office of Government-
wide Policy, General Services Administration.
manages the groundfish fishery in the BSAI (83 FR 8365, February 27, 2018)
Bering Sea and Aleutian Islands (BSAI) and reallocations (83 FR 42227, August
Therefore, GSA is amending 48 CFR according to the Fishery Management 21, 2018) are revised as follows: 149 mt
part 509 as set forth below: Plan for Groundfish of the Bering Sea to the annual amount for vessels using

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Document Created: 2018-11-14 03:32:04
Document Modified: 2018-11-14 03:32:04

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		Direct final rule.
Dates		Effective date: This rule is effective January 14, 2019 unless GSA receives adverse comments during the comment period. If GSA receives adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
Contact		Ms. Johnnie McDowell, Procurement Analyst, at 202-718-6112 or [email protected], for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite GSAR Case 2017-G503.
FR Citation		83 FR 56739
RIN Number		3090-AJ87