[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62883-62885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24992]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 501, 537, and 552

[(Change 59); GSAR Case 2013-G501; Docket No. 2014-0010; Sequence No. 
1]
RIN 3090-AJ46


General Services Administration Acquisition Regulation; (GSAR); 
Qualifications of Offerors

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

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to remove 
the GSAR provision Qualifications of Offerors.

DATES: Effective: October 21, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Christina Mullins, Procurement 
Analyst, by phone at 202-969-4066, or by email at 
[email protected], for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at 202-501-4755. Please cite GSAR Case 2013-
G501.

SUPPLEMENTARY INFORMATION: 

I. Background

    GSA published a proposed rule in the Federal Register at 79 FR 
24361 on April 30, 2014, amending the General Services Administration 
Acquisition Regulation (GSAR), to remove GSAR provision 552.237-70, 
Qualifications of Offerors, and provide other conforming changes. No 
comments were received on the proposed rule by the June 30, 2014 
closing date.
    This rule is a result of the Retrospective Analysis conducted under 
Executive Order 13563. Executive Order 13563 required agencies to 
review existing regulations and identify rules that are obsolete, 
unnecessary, unjustified, excessively burdensome or counterproductive 
and identify those rules that warrant repeal, amendment, or revision. 
The General Services Administration (GSA) identified GSAR provision 
552.237-70 in GSA's Final

[[Page 62884]]

Plan for Retrospective Analysis approved by the Office of Management 
and Budget on August 18, 2011. GSA's Final Plan for Retrospective 
Analysis was published in the Federal Register on June 3, 2011, 
welcoming public comments. No comments were received. The GSA's Final 
Plan was also posted on www.gsa.gov/open.

II. Discussion and Analysis

    GSAM Provision 552.237-70, Qualifications of Offerors, was utilized 
to support GSA's Public Buildings Service as outlined in GSAM 537.110. 
The provision requires all offerors considered for award for building 
services expected to exceed the simplified acquisition threshold and 
not initiated with Ability One under the Javis-Wagner-O-Day Act to 
furnish:
     Narrative statement listing comparable contracts 
performed.
     A general history of operating organization and complete 
experience.
     A statement of financial resources.
     Information on ability to maintain a staff of regular 
employees adequate to ensure continuous performance of the work.
     Demonstration that equipment and/or plant capacity for the 
work contemplated is sufficient, adequate and suitable.
     Information on competency in performing comparable 
building service contracts, acceptable financial resources, personnel 
staffing, plant, equipment and supply sources.
    As a result of the Retrospective Analysis, GSA determined that the 
GSAR provision, 552.237-70, Qualifications of Offerors, is obsolete and 
is no longer necessary. The collection of information associated with 
this provision is captured in a variety of methods such as: Compliance 
with FAR Part 9 including pre-award information, System for Award 
Management (SAM) reports and receipt of contractor's proposal 
information submitted in response to the Government technical 
evaluation criteria.
    The specific changes contained in this rule are as follows:
     Information Collection 3090-0197, Qualifications of 
Offerors is deleted in its entirety.
     Under Subpart 501.106--Delete GSAR reference to 
Information Collection 3090-0197 and GSAR Provision 552.237-70.
     Under GSAR 537.110, Solicitation provisions and contract 
clauses--Delete GSAR 537.110(a)(1).
     Under GSAR 552.2, Provisions and Clauses--GSAR 552.212-71, 
Contract Terms and Conditions Applicable to GSA Acquisition of 
Commercial Items, delete paragraph (a), and designate the clause 
introductory text as paragraph (a) and revise.
     Under GSAR 552.2, Provisions and Clauses--Delete Provision 
552.237-70 in its entirety.

III. 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.

IV. Regulatory Flexibility Act

    GSA has prepared a Final Regulatory Flexibility Analysis (FRFA) 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
The FRFA is summarized as follows:

    This final rule reduces the burden on small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., as 
the Information Collection 3090-0197, citing provision 552.237-70, 
Qualifications of Offerors, is no longer needed and is removed from 
the GSAR. Both large and small business entities will no longer be 
bound to submit data that the Government can freely obtain from a 
variety of other sources.
    There were no comments by the public in response to the Initial 
Regulatory Flexibility Analysis provided in the proposed rule. No 
comments were filed by the Chief Counsel for Advocacy of the Small 
Business Administration.
    This rule does not impose any new information collection 
requirements on small businesses. It will have no direct negative 
impact on any small business concern.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. Paperwork Reduction Act

    OMB approved the withdrawal and discontinuation of the Information 
Collection 3090-0197 (Qualifications of Offerors) identifying GSAR 
Provision 552.237-70 on October 24, 2011. Therefore, this final rule 
does not contain any information collection requirements that require 
additional 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 501, 537, and 552

    Government procurement.

    Dated: October 10, 2014.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.

    Therefore, GSA amends 48 CFR parts 501, 537, and 552 as set forth 
below:

0
1. The authority citation for 48 CFR parts 501, 537, and 552 continues 
to read as follows:

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

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM


501.106   [Amended]

0
2. Amend section 501.106, in the table, by removing GSAR Reference 
``552.237-70'' and its corresponding OMB Control Number ``3090-0197''.

PART 537--SERVICE CONTRACTING

0
3. Amend section 537.110 by revising paragraph (a) to read as follows:


537.110   Solicitation provisions and contract clauses.

* * * * *
    (a) If the contract is expected to exceed the simplified 
acquisition threshold and it is not initiated with Ability One under 
the Javits-Wagner-O'Day Act insert 552.237-71, Qualifications of 
Employees, in the solicitation and contract. If needed, use 
supplemental provisions or clauses to describe specific requirements 
for employees performing work on the contract.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


552.212-71   [Amended]

0
4. Amend section 552.212-71 by--
0
a. Revising the date of the clause;
0
b. Removing paragraph (a); and
0
c. Redesignating the clause introductory text as paragraph (a) and 
revising it to read as follows:


552.212-71   Contract Terms and Conditions Applicable to GSA 
Acquisition of Commercial Items.

* * * * *

[[Page 62885]]

Contract Terms and Conditions Applicable to GSA Acquisition of 
Commercial Items (OCT 2014)

    (a) The Contractor agrees to comply with any clause that is 
incorporated herein by reference to implement agency policy 
applicable to acquisition of commercial items or components. The 
clause in effect based on the applicable regulation cited on the 
date the solicitation is issued applies unless otherwise stated 
herein. The clauses in paragraph (b) of this section are 
incorporated by reference:
    [The Contracting Officer should check the clauses that apply or 
delete the clauses that do not apply from the list. The Contracting 
Officer may add the date of the clause if desired for clarity.]
* * * * *


552.237-70   [Removed and Reserved]

0
5. Remove and reserve section 552.237-70.

[FR Doc. 2014-24992 Filed 10-20-14; 8:45 am]
BILLING CODE 6820-61-P