[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Proposed Rules]
[Pages 22001-22004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10280]


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Part XIII





General Services Administration





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Semiannual Regulatory Agenda

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GENERAL SERVICES ADMINISTRATION (GSA)






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GENERAL SERVICES ADMINISTRATION

41 CFR Chs. 101, 102, 105, 300, 301, and 302

48 CFR Chs. 5 and 61

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: General Services Administration (GSA).

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This agenda announces the proposed regulatory actions that GSA 
plans for the next 12 months and those that were completed since the 
fall 2008 edition. This agenda was developed under the guidelines of 
Executive Order 12866 ``Regulatory Planning and Review.'' GSA's purpose 
in publishing this agenda is to allow interested persons an opportunity 
to participate in the rulemaking process. GSA also invites interested 
persons to recommend existing significant regulations for review to 
determine whether they should be modified or eliminated. Proposed rules 
may be reviewed in their entirety at the Government's rulemaking 
website at http://www.regulations.gov.

     Since the fall 2008 edition, the Internet is the basic means 
for disseminating the Unified Agenda. The complete Unified Agenda 
will be available online at www.reginfo.gov, in a format that 
offers users a greatly enhanced ability to obtain information from 
the Agenda database.

     Because publication in the Federal Register is mandated for 
the regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), GSA's printed agenda entries 
include only:

    (1) Rules that are in the Agency's regulatory flexibility 
agenda, in accordance with the Regulatory Flexibility Act, because 
they are likely to have a significant economic impact on a 
substantial number of small entities; and

    (2) Any rules that the Agency has identified for periodic 
review under section 610 of the Regulatory Flexibility Act.

     Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. Additional information on these entries is available 
in the Unified Agenda published on the Internet. In addition, for 
spring editions of the Agenda, the entireRegulatory Plan will 
continue to be printed in the Federal Register, as in past years, 
including GSA's regulatory plan.

FOR FURTHER INFORMATION CONTACT: Hada Flowers, Supervisor, Regulatory 
Secretariat at (202) 208-7282.

Dated: March 19, 2009.

 Stan Kaczmarczyk,

Acting Associate Administrator, Office of Governmentwide Policy.

 Joy C. Heuer,

Pricing Team Lead, Office of Real Property Asset Management.

 Regina M. Budd,

Deputy Associate Administrator, Office of Civil Rights.

 Al Matera,

Director, Office of Acquisition Policy.

                               General Services Administration--Long-Term Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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272         General Services Administration Acquisition Regulation (GSAR) Case 2005-G501; Federal     3090-AI06
            Agency Retail Pharmacy Program........................................................
273         General Services Administration Acquisition Regulation (GSAR) Case 2006-G522; Federal     3090-AI32
            Supply Schedule Contracts--Recovery Purchasing by State and Local Governments Through
            Federal Supply Schedules..............................................................
274         General Services Administration Acquisition Regulation (GSAR) Case 2006-G501; GSA         3090-AI56
            Mentor-Prot[eacute]g[eacute] Program..................................................
275         GSAR Case 2008-G517; Cooperative Purchasing-Acquisition of Security and Law               3090-AI68
            Enforcement Related Goods and Services (Schedule 84) by State and Local Governments
            Through Federal Supply Schedules......................................................
276         General Services Administration Acquisition Regulation (GSAR) Case 2006-G507; Rewrite     3090-AI77
            of Part 538, Federal Supply Schedule Contracting......................................
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General Services Administration (GSA)                 Long-Term Actions






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OFFICE OF ACQUISITION POLICY


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272. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION (GSAR) CASE 
2005-G501; FEDERAL AGENCY RETAIL PHARMACY PROGRAM

Legal Authority: 40 USC 121(c)

Abstract: The General Services Administration (GSA) is proposing to 
amend the General Services Administration Acquisition Regulation (GSAR) 
to add a new subpart and clause required by the Department of Veterans 
Affairs (VA), consistent with congressional intent under section 603 of 
the Veterans Health Care Act of 1992 (VHCA) and 38 U.S.C. 8126, that 
certain Federal agencies (i.e., VA, Department of Defense (DoD), Public 
Health Service (including the Indian Health Service), and the Coast 
Guard) have access to Federal pricing for pharmaceuticals purchased for 
their beneficiaries. GSA is responsible for the schedules program and 
rules related to its operation. Under GSA's delegation of authority, 
the VA procures medical supplies under the VA Federal Supply Schedule 
program. VA and DoD seek this amendment. This new subpart adds a clause 
unique to the virtual depot system established by a Federal Agency 
Retail Pharmacy Program

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utilizing contracted retail pharmacies as part of a centralized 
pharmaceutical commodity management program. At this time, only DoD has 
a program in place, and the rule would facilitate DoD's access to 
Federal pricing on Federal Supply Schedule (FSS) pharmaceutical 
contracts for covered drugs purchased by DoD and dispensed to TRICARE 
beneficiaries through retail pharmacies in the TRICARE network.

Timetable:
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Action                            Date                      FR Cite

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NPRM                            04/12/05                    70 FR 19045
NPRM Comment Period End         06/13/05
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Hada Flowers, Supervisor, Regulatory & Federal 
Assistance Division, Office of the Chief Acquisition Officer, General 
Services Administration, 1800 F Street NW, Washington, DC 20405
Phone: 202 208-7282
Fax: 202 501-4067
Email: [email protected]

RIN: 3090-AI06
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273. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION (GSAR) CASE 
2006-G522; FEDERAL SUPPLY SCHEDULE CONTRACTS--RECOVERY PURCHASING BY 
STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES

Legal Authority: 40 USC 121(c); 40 USC 502(d)

Abstract: The rule is amending the General Services Administration 
Acquisition Regulation (GSAR) to implement section 833 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 
109-364). Section 833 amends 40 U.S.C. 502 to authorize the 
Administrator of General Services to provide to State and local 
governments the use of Federal Supply Schedules of the GSA for purchase 
of products and services to be used to facilitate recovery from a major 
disaster declared by the President or to facilitate recovery from 
terrorism, or nuclear, biological, chemical, or radiological attack.

Timetable:
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Action                            Date                      FR Cite

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Interim Final Rule              02/01/07                     72 FR 4649
Interim Final Rule Comment 
Period End                      04/02/07
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Hada Flowers, Supervisor, Regulatory & Federal 
Assistance Division, Office of the Chief Acquisition Officer, General 
Services Administration, 1800 F Street NW, Washington, DC 20405
Phone: 202 208-7282
Fax: 202 501-4067
Email: [email protected]

RIN: 3090-AI32
_______________________________________________________________________



274. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION (GSAR) CASE 
2006-G501; GSA MENTOR-PROT[Eacute]G[Eacute] PROGRAM

Legal Authority: 40 USC 121(c)

Abstract: The General Services Administration (GSA) is proposing to 
amend the General Services Administration Acquisition Regulation (GSAR) 
to establish a GSA Mentor-Prot[eacute]g[eacute] Program. The GSA 
Mentor-Prot[eacute]g[eacute] Program is designed to encourage GSA prime 
contractors to assist small businesses, small disadvantaged businesses, 
women-owned small businesses, veteran-owned small businesses, service-
disabled veteran-owned small businesses, and HUBZone small businesses 
in enhancing their capabilities to perform GSA contracts and 
subcontracts, foster the establishment of long-term business 
relationships between these small business entities and GSA prime 
contractors, and increase the overall number of small business entities 
that receive GSA contract and subcontract awards.

Timetable:
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Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/10/08                    73 FR 32669
NPRM Comment Period End         08/11/08
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Hada Flowers, Supervisor, Regulatory & Federal 
Assistance Division, Office of the Chief Acquisition Officer, General 
Services Administration, 1800 F Street NW, Washington, DC 20405
Phone: 202 208-7282
Fax: 202 501-4067
Email: [email protected]

RIN: 3090-AI56
_______________________________________________________________________



275. GSAR CASE 2008-G517; COOPERATIVE PURCHASING-ACQUISITION OF SECURITY 
AND LAW ENFORCEMENT RELATED GOODS AND SERVICES (SCHEDULE 84) BY STATE 
AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES

Legal Authority: 40 USC 121(c)

Abstract: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to 
implement Public Law 110-248, The Local Preparedness Acquisition Act. 
The Act authorizes the Administrator of General Services to provide for 
the use by State or local governments of Federal Supply Schedules of 
the General Services Administration (GSA) for alarm and signal systems, 
facility management systems, firefighting and rescue equipment, law 
enforcement and security equipment, marine craft and related equipment, 
special purpose clothing, and related services (as contained in Federal 
supply classification code group 84 or any amended or subsequent 
version of that Federal supply classification group).

Timetable:
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Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/19/08                    73 FR 54334
Interim Final Rule Comment 
Period End                      11/18/08
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Hada Flowers, Supervisor, Regulatory & Federal 
Assistance Division, Office of the Chief Acquisition Officer, General 
Services Administration, 1800 F Street NW, Washington, DC 20405
Phone: 202 208-7282
Fax: 202 501-4067
Email: [email protected]

RIN: 3090-AI68

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276. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION (GSAR) CASE 
2006-G507; REWRITE OF PART 538, FEDERAL SUPPLY SCHEDULE CONTRACTING

Legal Authority: 40 USC 121(c)

Abstract: GSA is amending the General Services Acquisition Regulation 
(GSAR) to update the text addressing GSAR part 538; Federal Supply 
Schedule Contracting, subpart 538.1, Definitions; subpart 538.4, 
Administrative Matters;subpart 538.7, Acquisition Planning; subpart 
538.9, Contractor Qualifications; subpart 538.12, Acquisition of 
Commercial Items--FSS; subpart 538.15, Negotiation and Award of 
Contracts; subpart 538.17, Administration of Evergreen Contracts; 
subpart 538.19, FSS and Small Business Programs; subpart 538.25, 
Requirements for Foreign Entities; subpart 538.42, Contract 
Administration; and subpart 538.43, Contract Modifications. This 
proposed rule covers the GSAR portion of part 538. The information in 
subpart 538.2 is being retained; however, the various sections have 
redistributed to more appropriate subparts within the text. Subpart 
538.9, Contractor Qualifications, is being added to define the roles 
and responsibilities of ``Contractor Partnering Arrangements (CPAs)'' 
for contractors.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/26/09                     74 FR 4596
NPRM Comment Period End         03/27/09
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Hada Flowers, Supervisor, Regulatory & Federal 
Assistance Division, Office of the Chief Acquisition Officer, General 
Services Administration, 1800 F Street NW, Washington, DC 20405
Phone: 202 208-7282
Fax: 202 501-4067
Email: [email protected]

RIN: 3090-AI77
[FR Doc. E9-10280 Filed 05-08-09; 8:45 am]
BILLING CODE 6820-34-S