[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Proposed Rules]
[Pages 32514-32515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12572]



48 CFR Parts 533 and 552

[GSAR Case 2007-G501; Docket 2008-0007; Sequence 1]
RIN 3090-AI49

General Services Acquisition Regulation; GSAR Case 2007-
G501;Protests, Disputes, and Appeals

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

ACTION: Proposed rule.


SUMMARY: The General Services Administration (GSA) is proposing to 
amend the General Services Acquisition Regulation (GSAR) to update 
language pertaining to protests, disputes, and appeals. This project is 
part of the GSAM Rewrite Project, in which all parts of the regulation 
are being reviewed and updated to include new statutes, legislation, 
and policies.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before August 8, 2008 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2007-G501 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2007-G501'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2007-G501. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2007-G501'' on your attached 
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2007-
G501 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.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Meredith Murphy at (202) 208-6925, or by e-mail at 
[email protected]. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat (VPR), Room 
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite 
GSAR Case 2007-G501.


A. Background

    The General Services Administration (GSA) proposes to amend the 
General Services Administration Acquisition Regulation (GSAR) to update 
the text addressing protests, disputes, and appeals. This rule is a 
result of the General Services Administration Acquisition Manual (GSAM) 
Rewrite initiative undertaken by GSA to revise the GSAM to maintain 
consistency with the FAR and implement streamlined and innovative 
acquisition procedures that contractors, offerors, and GSA contracting 
personnel can utilize when entering into and administering contractual 
relationships. The GSAM incorporates the General Services 
Administration Acquisition Regulation (GSAR) as well as internal agency 
acquisition policy.
    GSA will rewrite each part of the GSAR and GSAM, and as each GSAR 
part is rewritten, will publish it in the Federal Register.
    This rule covers the rewrite of GSAR Part 533, Protests, Disputes, 
and Appeals. GSAR Part 533 includes two subparts. GSAR Subpart 533.1, 
Protests, included only the prescription for a GSA-unique clause, 
552.233-70, Protests Filed Directly with the General Services 
Administration. However, GSA proposes to delete this clause in its 
entirety because it repeated much of the FAR clause, and the remaining

[[Page 32515]]

information is available to contractors on the internet in GSAM Subpart 
    GSAR Subpart 533.2, Disputes and Appeals, has three sections, 
including the prescription for a utility disputes clause. Editorial 
changes were made to GSAR 533.211, Contracting officer's decision, so 
as not to repeat the information that must be included, as prescribed 
in FAR 33.211, to clarify the GSA-unique requirements, and to recognize 
that the GSA Board of Contract Appeals'(GSBCA) duties are now vested in 
the Civilian Board of Contract Appeals (CSBA). No other changes were 
made to this subpart. In addition, the clause at GSAR 552.233-71, 
Disputes (Utility Contracts), and its prescription at GSAR 533.215, 
were deleted at the request of the GSA Public Buildings Service.
    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 under5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration does not expect this proposed 
rule to 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 rule will only impact an offeror that 
is submitting a protest or has a dispute with GSA. Further, GSA is 
proposing only minor changes in the regulations and procedures for 
pursuing either action. For these reasons, it is expected that the 
number of entities impacted by this rule will be minimal. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. We 
invite comments from small businesses and other interested parties. GSA 
will consider comments from small entities concerning the affected GSAR 
Parts 533 and 552 in accordance with 5 U.S.C. 610. Interested parties 
must submit such comments separately and should cite 5 U.S.C. 601, et 
seq. (GSAR case 2007-G501), in all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the GSAR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 533 and 552

    Government procurement.

    Dated: May 30, 2008
David A. Drabkin,
Acting Chief Acquisition Officer & Senior Procurement Executive Office 
of the Chief Acquisition Officer.
    Therefore, GSA proposes to amend 48 CFR parts 533 and 552 as set 
forth below:
    1. The authority citation for 48 CFR parts 533 and 552 continues to 
read as follows:

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


Subpart 533.1  [Removed]

    2. Remove subpart 533.1, Protests.
    3. Add section 533.209 to Subpart 533.2 to read as follows:

533.209  Suspected fraudulent claims.

    In GSA, the agency official responsible for investigating fraud is 
the Office of Inspector General.
    4. Revise section 533.211 to read as follows:

533.211  Contracting officer's decision.

    The contracting officer's written decision must include the 
paragraph at FAR 33.211(a)(4)(v). The contracting officer shall state 
in the decision that a contractor's notice of appeal to the Civilian 
Board of Contract Appeals (CBCA) should include a copy of the 
contracting officer's decision.

533.215  [Removed]

    5. Remove section 533.215.


552.233-70 and 552.233-71  [Removed]

    6. Remove sections 552.233-70 and 552.233-71.
[FR Doc. E8-12572 Filed 6-6-08; 8:45 am]