[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15779-15780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6186]


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

GENERAL SERVICES ADMINISTRATION

48 CFR Part 501

[GSAR Amendment 2005-01; GSAR Case 2004-G508 (Change 14)]
RIN 3090-AI07


General Services Administration Acquisition Regulation; 
Deviations

AGENCIES: General Services Administration (GSA), Office of the Chief 
Acquisition Officer.

ACTION: Final rule.

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

SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) by 
issuing a final rule to modify existing policy on obtaining deviations 
from both the Federal Acquisition Regulation (FAR) and GSAR. This final 
rule will include revised procedures for obtaining deviations and will 
clarify the term ``class deviation,'' and add clarification regarding 
the term ``contract action''.

DATES: Effective Date: March 29, 2005.

FOR FURTHER INFORMATION CONTACT The Regulatory Secretariat (VIR), Room 
4035, GS Building, Washington, DC, 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775. Please cite Amendment 2005-01, GSAR case 
2004-G508 (Change 14).

SUPPLEMENTARY INFORMATION:

A. Background

    The FAR prescribes policies and procedures for authorizing 
deviations from the FAR when necessary to meet the specific needs and 
requirements of an agency unless precluded by law, executive order, or 
regulation. FAR 1.402 provides that the development and testing of new 
techniques and methods of acquisition should not be stifled simply 
because such actions would require a FAR deviation. However, deviations 
to the FAR and the GSAR have raised questions indicating the need to 
increase the involvement of the Office of the Chief Acquisition 
Officer. Therefore, this final rule modifies GSAR 501.403 and 501.404 
to include revised procedures for obtaining deviations and clarify the 
term ``class deviation,'' and adds GSAR 501.404-70 to clarify the term 
``contract action.''
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, GSA will consider comments from 
small entities concerning the affected GSAR Subpart 501.4 in accordance 
with 5 USC. 610. Interested must parties must submit such comments 
separately and should cite 5 U.S.C. 601, et. seq. (GSAR case 2004-
G508), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or otherwise collect information from offerors, 
contractors, or members of the public that require approval of the 
Office of Management and Budget under 44 U.S.C.3501, et seq.

List of Subjects in 48 CFR Part 501

    Government procurement.

    Dated: March 22, 2005.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer, 
General Services Administration.

0
Therefore, GSA amends 48 CFR part 501 as set forth below:

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM

0
1. The authority citation for 48 CFR part 501 is revised to read as 
follows:

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

0
2. Amend section 501.403 by revising paragraphs (a) and (c) to read as 
follows:


501.403  Individual deviations.

    (a) An individual deviation affects only one contract action.
    (1) The Head of the Contracting Activity (HCA) must approve an 
individual deviation to the FAR. The authority to grant an individual 
deviation may not be re-delegated. A copy of the deviation must be 
provided to GSA's Senior Procurement Executive (SPE).

[[Page 15780]]

    (2) An individual deviation to the GSAR must be approved by the 
HCA. The authority to grant an individual deviation may be re-delegated 
to the Contracting Director.
* * * * *
    (c) Send a copy of each deviation to GSA's SPE (V).
0
3. Amend section 501.404 by revising paragraphs (a), (c), and (e)(2) to 
read as follows:


501.404  Class deviations.

    (a) A class deviation affects more than one contract action. A 
deviation for any solicitation that will result in multiple awards or 
any solicitation under the multiple award Federal Supply Schedule 
program is considered to be a class deviation. Each award under such a 
solicitation is considered an individual contract action.
    (1) A class deviation to the FAR must be forwarded by the cognizant 
HCA to GSA's SPE for approval. Prior to approving a class deviation to 
the FAR, the SPE will consult with the Chairman of the Civilian Agency 
Acquisition Council (CAAC) in accordance with FAR 1.404(a)(1).
    (2) A class deviation to the GSAR must be forwarded by the 
cognizant HCA to GSA's SPE for approval.
    (3) When an HCA knows that a proposed class deviation will be 
required on a permanent basis, the HCA should propose or recommend an 
appropriate FAR and/or GSAR revision.
* * * * *
    (c) Send a copy of each deviation to GSA's SPE (V).
* * * * *
    (e) * * *
    (2) May be rescinded earlier by GSA's SPE or by officials 
designated under paragraph (a) of this section without prejudice to any 
action taken previously.
0
4. Add sections 501.404-70 and 501.404-71 to read as follows:


501.404-70  Contract action.

    Contract action. A contract action, for the purpose of determining 
whether an individual or class deviation is appropriate, has the same 
meaning as that used for reporting contract actions to Federal 
Procurement Data System--Next Generation (FPDS-NG). A contract action 
includes, but is not limited to, any of the following:
    (a) Initial letter contract.
    (b) Definitive contract superseding letter contract.
    (c) New definitive contract.
    (d) Purchase order/BPA calls using simplified acquisition 
procedures.
    (e) Orders under single award indefinite delivery contracts.
    (f) Orders under BOA.
    (g) Order/modification under Federal schedule contract.
    (h) Modification.
    (i) Termination for Default.
    (j) Termination for Convenience.
    (k) Order under multiple award contract.
    (l) Initial load of Federal schedule contract.


501.404-71  Deviations to the nonregulatory GSAM.

    Handle individual and class deviations to the nonregulatory 
(unshaded) part of the GSAM as stated in 501.403 and 501.404.
[FR Doc. 05-6186 Filed 3-28-05; 8:45 am]
BILLING CODE 6820-61-S