[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Rules and Regulations]
[Pages 54955-54956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26687]



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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 501, 504, 507, 508, 509, 515, 516, 519, 528, 536, 541, 
549, and 552

[APD 2800.12A, CHGE 68]
RIN 3090-AF80


General Services Administration Acquisition Regulation; 
Miscellaneous Changes

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Final rule.

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SUMMARY: The General Services Administration Acquisition Regulation 
(GSAR) is amended to implement portions of the Federal Acquisition 
Streamlining Act of 1994 (FASA). This change to the GSAR implements 
those Federal Acquisition Regulation (FAR) changes, makes other changes 
to reflect suggestions previously submitted for streamlining the 
regulations or implementing themes in the Vice President's National 
Performance Review, and makes miscellaneous changes and corrections.

EFFECTIVE DATE: October 30, 1995.

FOR FURTHER INFORMATION CONTACT:
Paul Linfield, Office of GSA Acquisition Policy (202) 501-1224.

SUPPLEMENTARY INFORMATION: 

A. Public Comments

    This rule was not published in the Federal Register for public 
comment because it merely revises the GSAR to conform to the FAR and 
makes other changes in agency internal operating procedures.

B. Executive Order 12866

    This rule was not submitted to the Office of Management and Budget 
because it is not a significant rule as defined in Executive Order 
12866, Regulatory Planning and Review.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply because this rule is 
not a significant revision as defined in FAR 1.501-1.

D. Paperwork Reduction Act

    This rules does not impose any information collection or 
recordkeeping requirements that require the approval of OMB under 44 
U.S.C. 3501, et seq. Therefore, the requirements of the Paperwork 
Reduction Act do not apply.

List of Subjects in 48 CFR Parts 501, 504, 507, 508, 509, 515, 516, 
519, 528, 536, 541, 549 and 552

    Government procurement.

    Accordingly, 48 CFR Parts 501, 504, 507, 508, 509, 515, 516, 519, 
528, 536, 541, 549 and 552 are amended as follows:
    1. The authority citation for 48 CFR Parts 501, 504, 507, 508, 509, 
515, 516, 519, 528, 536, 549 and 552 continues to read as follows:

    Authority: 40 U.S.C. 486(c).

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM


501.700  [Removed]


501.704  [Removed]


501.704-70  [Removed]

    2. Sections 501.700, 501.704 and 501.704-70 are removed.
    3. Section 501.707 is revised to read as follows:


501.707  Signatory authority.

    The FAR frequently refers to determinations being made by the 
agency head. Section 309 of the Federal Property and Administrative 
Services Act defines agency head and provides that at the option of the 
Administrator, the term may include the chief official of any principal 
organizational unit of the GSA. The Administrator has authorized the 
heads of contracting activities to act as agency head to facilitate the 
procurement of property and services under Title III of the Federal 
Property and Administrative Services Act. (See GSA Delegation of 
Authority Manual, ADM P 5450.39C.) When the applicable statute 
precludes redelegation of the authority, the Administrator must sign 
the D&F (see for example, FAR 6.302-7). Class D&Fs, if authorized, must 
be signed by the HCA.

PART 504--ADMINISTRATIVE MATTERS

    4. Section 504.7001-2 is amended by revising paragraph (c) to read 
as follows, and by removing the words ``small purchases'' in paragraph 
(f) service/office designation M and P, and inserting ``simplified 
acquisition'' in their place.


504.7001-2  Basic procurement instrument identification number.

* * * * *
    (c) The fifth character is a capital letter assigned to the 
service/office preparing the instrument as follows:

B  Office of the Chief Financial Officer
F  Federal Supply Service
G  GSA Board of Contract Appeals
C  Office of Management and Human Resources
J  Office of Inspector General
K  Information Technology Service
L  Office of General Counsel
P  Public Buildings Service
T  Federal Telecommunications Service
* * * * *

PART 507--ACQUISITION PLANNING

    5. Section 507.104 is amended by revising paragraphs (c), (d), and 
(e) to read as follows:


507.104  General procedures.

* * * * *
    (c) Limited plans must be in writing, unless waived under paragraph 
(d) of this section.
    (d) The contracting director may waive the requirement for a 
written limited acquisition plan (1) for recurring annual acquisitions 
or (2) in cases of unusual or compelling urgency. The individual 
responsible for preparing the plan shall present (as a minimum) an oral 
plan to at least the next higher level for approval. The file must 
summarize the content of the oral plan and the name of the individual 
that approved it. In cases of unusual or compelling urgency, the 
summary must also indicate the nature of the urgency and may be 
prepared after award when preparation before award would unreasonably 
delay the acquisition. The summary may be included in the justification 
required by FAR 6.302-2(c).
    (e) Acquisition plans for contracts which propose using other than 
full and open competition must be coordinated with and concurred in by 
the cognizant competition advocate unless the 

[[Page 54956]]
proposed contract will be awarded under the authority at FAR 6.302-5 or 
will be awarded under a class justification approved by the Associate 
Administrator for Acquisition Policy.

PART 508--REQUIRED SOURCES OF SUPPLIES AND SERVICES

Subpart 508.3  [Removed and Reserved]

    6. Subpart 508.3 is removed and reserved.
    7. Subpart 508.7 is amended by revising the heading to read as 
follows:
Subpart 508.7--Acquisition From Nonprofit Agencies Employing People Who 
Are Blind or Severely Disabled
    8. Section 508.705-70 is amended by revising paragraphs (b) and (d) 
to read as follows:


508.705-70  Adding items to the Procurement List.

* * * * *
    (b) The Committee for Purchase from People Who Are Blind or 
Severely Disabled (the Committee), if requested by the CNA, may assign 
the supply or service to the CNA for development by a workshop and will 
list the item in the Preliminary Evaluation Record. A copy of the 
record, updated monthly, is maintained by the Office of Enterprise 
Development (E).
* * * * *
    (d) The Committee may request that a procurement be delayed pending 
Committee action. The contracting activity shall consult with E before 
rejecting such a request.

PART 509--CONTRACTOR QUALIFICATIONS


509.106-70  [Removed]

    9. Section 509.106-70 is removed.

PART 515--CONTRACTING BY NEGOTIATION

    10. Section 515.501 is revised to read as follows:


515.501  Definitions.

    Coordinating office, as used in this subpart, means the (a) Office 
of GSA Acquisition Policy, (b) Office of Acquisition, FSS, (c) Office 
of Information Technology Acquisition, ITS, (d) Office of the 
Acquisition Executive, PBS, or the office designated in writing by the 
regional administrator in the regions. The Office of GSA Acquisition 
Policy serves as the coordinating office for Central Office activities 
outside of FSS, ITS, and PBS.

PART 516--TYPES OF CONTRACTS

Subpart 516.3--[Removed]

    11. Subpart 516.3 is removed.


516.403  [Removed]

    12. Section 516.403 is removed.

PART 519--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS


519.502-1  [Removed]

    13. Section 519.502-1 is removed.

PART 528--BONDS AND INSURANCE

    14. Section 528.103-2 is amended by revising paragraph (a) to read 
as follows:


528.103-2  Performance bonds.

    (a) Performance bonds shall not be required for building service 
contracts unless a written determination is made by the contracting 
officer explaining why the bond is essential to protect the 
Government's interest and justifying the additional cost of the bonding 
requirement.
* * * * *


528.106-1  [Removed]

    15. Section 528.106-1 is removed.

PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


536.302-70  [Removed]

    16. Section 536.302-70 is removed.
    17. Part 541 is added to read as follows:

PART 541--ACQUISITION OF UTILITY SERVICES

    Authority: 40 U.S.C. 486(c).

Subpart 541.4--Administration


541.401  Monthly and annual review.

    Unless other procedures are established, the contracting officer 
shall perform or cause to be performed the reviews required by FAR 
41.401.

PART 549--TERMINATION OF CONTRACTS

    18. Section 549.111 is revised to read as follows:


549.111  Review of proposed settlements.

    The HCA may establish procedures for the review and approval of 
settlement agreements at a level above the contracting officer.

    Dated: October 12, 1995.
Ida M. Ustad,
Associate Administrator for Acquisition Policy.
[FR Doc. 95-26687 Filed 10-26-95; 8:45 am]
BILLING CODE 6820-61-M