[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Rules and Regulations]
[Pages 10665-10666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4229]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 519 and 552

[GSAR Amendment 2012-02; GSAR Case 2011-G502; (Change 54) Docket 2012-
0003, Sequence 1]
RIN 3090-AJ24


General Services Administration Acquisition Regulation; 
Acquisition-Related Thresholds

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

ACTION: Final rule.

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SUMMARY: GSA is issuing a final rule amending the General Services 
Administration Acquisition Regulation (GSAR) to update the acquisition-
related thresholds in two GSAR clauses.

DATES: Effective Date: March 26, 2012.

[[Page 10666]]


FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement 
Analyst, at (202) 501-2364, for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite GSAR Amendment 
2012-02, GSAR Case 2011-G502.

SUPPLEMENTARY INFORMATION:

I. Background

    The General Services Administration is amending the GSAR to comply 
with changes made to acquisition-related thresholds by Federal 
Acquisition Circular 2005-45 (Federal Acquisition Regulation (FAR) Case 
2008-024), published in the Federal Register at 75 FR 53129, August 30, 
2010, with an effective date of October 1, 2010. FAR Case 2008-024 
implements Section 807 of the National Defense Authorization Act for 
Fiscal Year 2005 (Pub. L. 108-375). Section 807 provides for adjustment 
every 5 years of acquisition-related thresholds, except for Davis-Bacon 
Act, Service Contract Act, and trade agreements thresholds.
    As a result of changes made to the acquisition-related thresholds, 
the GSAR clause at 552.219-71, Notice to Offerors of Subcontracting 
Plan Requirements, is revised by removing ``$500,000'' and 
``$1,000,000'' and replacing the GSAR text with ``$650,000'' and 
``$1,500,000'', respectively. The GSAR clause at 552.219-72, 
Preparation, Submission, and Negotiation of Subcontracting Plans, is 
revised by removing ``$500,000'' and ``$1,000,000'' and replacing the 
GSAR text with ``$650,000'' and ``$1,500,000'', respectively.

II. 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.

III. Regulatory Flexibility Act

    The General Services Administration certify that this final 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 FAR Case 2008-024, which addresses the 
acquisition-related thresholds, was published in the Federal Register 
at 75 FR 53129, August 30, 2010, with an effective date of October 1, 
2010. Further, Acquisition Letter MV-11-01, Adjustment of GSAM 
Acquisition-Related Thresholds due to Federal Acquisition Circular 
2005-45 (Item I, Inflation Adjustment of Acquisition-Related 
Thresholds), was effective immediately upon the publishing of 
Acquisition Letter (October 8, 2010). All other revisions to the GSAM 
are non-regulatory.

IV. Paperwork Reduction Act

    The 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 Parts 519 and 552

    Government procurement.

    Dated: February 16, 2011.
Joseph A. Neurauter,
Senior Procurement Executive, Office of Acquisition Policy, General 
Services Administration.
    Therefore, GSA amends 48 CFR parts 519 and 552 as set forth below:

PART 519--SMALL BUSINESS PROGRAMS

0
1. The authority citation for 48 CFR part 519 is revised to read as 
follows:

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

0
2. Amend section 519.870-8 by revising paragraph (a)(3) to read as 
follows:


519.870-8  Contract clauses.

    (a) * * *
    (3) Insert the clause at FAR 52.219-18, Notification of Competition 
Limited to Eligible 8(a) Concerns. Substitute the following paragraph 
for paragraph (c) of the clause. Add the word ``Deviation'' at the end 
of the clause title.

    (c) Any award resulting from this solicitation will be made 
directly by the Contracting Officer to the successful 8(a) offeror 
selected through the evaluation criteria set forth in this 
solicitation.

* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for 48 CFR part 552 continues to read as 
follows:

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


0
4. Amend section 552.219-71 by revising the date of the provision; and 
by removing from the introductory text ``$500,000 ($1,000,000'' and 
adding ``$650,000 ($1,500,000'' in its place. The revised text reads as 
follows:


552.219-71  Notice to Offerors of Subcontracting Plan Requirements.

* * * * *

Notice to Offereors of Subcontracting Plan Requirements (MAR 2012)

* * * * *

0
5. Amend section 552.219-72 by revising the date of the provision; and 
removing from the introductory text ``$500,000 ($1,000,000'' and adding 
``$650,000 ($1,500,000'' in its place. The revised text reads as 
follows:


552.219-72  Preparation, Submission, and Negotiation of Subcontracting 
Plans.

* * * * *

Preparation, Submission, and Negotiation of Subcontracting Plans (MAR 
2012)

* * * * *

0
6. Amend section 552.219-76 by revising the date of the clause; and 
removing from paragraph (f) ``519.7011(j)'' and adding ``519.7010(j)'' 
in its place. The revised text reads as follows:


552.219-76  Mentor Requirements and Evaluation.

* * * * *

Mentor Requirements and Evaluation (MAR 2012)

* * * * *
[FR Doc. 2012-4229 Filed 2-22-12; 8:45 am]
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