[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2249-2250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31932]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 516 and 552
[Change 81; GSAR Case 2015-G513; Docket No. 2016-0021; Sequence No. 1]
RIN 3090-AJ79
General Services Administration Acquisition Regulation (GSAR);
Fair Opportunity Complaints on GSA Contracts
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is issuing a final
rule amending the General Services Administration Acquisition
Regulation (GSAR) to clarify that the ordering-agency task and delivery
order Ombudsman has jurisdiction and responsibility to review and
resolve fair opportunity complaints on tasks and delivery orders placed
against GSA multiple-award contracts.
DATES: Effective: January 9, 2017.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Dana Davis, General Services Acquisition Policy Division, GSA, by
telephone at 202-357-9652 or by email at [email protected]. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at 202-501-4755. Please cite GSAR case 2015-
G513.
SUPPLEMENTARY INFORMATION:
I. Discussion of Changes
The General Services Administration (GSA) is issuing a final rule
amending the General Services Administration Acquisition Regulation
(GSAR) part 552, Solicitation Provisions and Contract Clauses at
552.216-74 Task and Delivery Orders. The final rule clarifies that the
jurisdiction and responsibility to review and resolve fair opportunity
complaints placed against GSA multiple-award contracts lies with the
ordering-agency task and delivery order Ombudsman. Also, the final rule
requires the ordering agency to include contact information for their
task and delivery order Ombudsman when placing task or delivery orders
against GSA multiple-award contracts. Finally, so that GSA can maintain
insight into fair opportunity complaints that arise on orders other
agencies place against these contracts, the final rule requires the
contractor to provide a copy of its complaint to the GSA Procurement
Ombudsman for informational purposes, at the same time the contractor
files its complaint to the ordering agency for action.
II. Public Comments Not Required
41 U.S.C. 1707, Publication of proposed regulations, applies to the
publication of the General Services Administration Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure, or form (including amendment or
modification thereof) must be published for public comment if it has
either a significant effect beyond the internal operating procedures of
the agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment
because it does not have a significant impact on the public,
contractors or offerors. This rule brings internal GSAR policy up-to-
date with FAR policy. The change clarifies internal operating
procedures by the Government by clarifying GSA's jurisdiction regarding
fair opportunity complaints. The proposed rule comment period is
impracticable as the FAR has already directed specific regulatory
action.
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
[[Page 2250]]
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
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant GSAR revision and 41
U.S.C. 1707 does not require publication for public comment.
V. Paperwork Reduction Act
This final rule does not contain any information collection that
requires 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 516 and 552
Government procurement.
Dated: December 29, 2016.
Nicholas West,
Acting Senior Procurement Executive, Acting Director, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, GSA amends 48 CFR parts 516 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 516 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 516--TYPES OF CONTRACTS
0
2. Amend section 516.506 by--
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a. Revising paragraph (b);
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b. Redesignate paragraph (d) as paragraph (e); and
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c. Adding a new paragraph (d).
The revision and addition reads as follows:
516.506 Solicitation provisions and contract clauses.
* * * * *
(b) In solicitations and contracts for multiple-award contracts
where GSA is the only ordering activity, or for GSA orders placed
against a GSA multiple-award contract, insert clause 552.216-74, GSA
Task-Order and Delivery-Order Ombudsman. This clause shall not be
included in GSA-awarded contracts available for multiple agency use
(i.e., Governmentwide Acquisition Contracts, Multi-Agency Contracts);
instead, see paragraph (d) of this section.
* * * * *
(d) Insert clause 552.216-76, Ordering Agency Task-Order and
Delivery-Order Ombudsman in all GSA-awarded contracts available for
multiple agency use (i.e., Governmentwide Acquisition Contracts, Multi-
Agency Contracts).
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 552.216-74 by revising the date of the clause and
paragraph (c) to read as follows:
552.216-74 GSA Task-Order and Delivery-Order Ombudsman.
* * * * *
GSA Task-Order and Delivery-Order Ombudsman JAN 2017)
* * * * *
(c) The GSA Task-Order and Delivery-Order Ombudsman is located
at the General Services Administration (GSA), Office of Government-
wide Policy (OGP), Office of Acquisition Policy (MV). Contact
information for the GSA Task-Order and Delivery-Order Ombudsman can
be found at: http://www.gsa.gov/ombudsman.
(End of Clause)
0
4. Add section 552.216-76 to read as follows:
552.216-76 Ordering Agency Task-Order and Delivery-Order Ombudsman.
As prescribed in 516.506(d), insert the following provision:
Ordering Agency Task-Order and Delivery-Order Ombudsman (JAN 2017)
(a) Ordering Agency Task-Order and Delivery-Order Ombudsman. The
Ordering Agency shall designate a Task-Order and Delivery-Order
Ombudsman to review complaints from contractors and ensure that they
are afforded a fair opportunity for consideration in the award of
task or delivery orders placed against GSA Indefinite Delivery/
Indefinite Quantity (ID/IQ) contracts, consistent with the
procedures in the contract. The contact information for the Ordering
Agency Task-Order and Delivery-Order Ombudsman shall be made
available to contractors.
(b) Submission of Complaints. When a contractor submits a
complaint to the Ordering Agency's designated Task-Order and
Delivery-Order Ombudsman, the contractor shall also send a copy of
the complaint to the GSA Procurement Ombudsman, for informational
purposes. The GSA Procurement Ombudsman is located at the General
Services Administration, Office of Governmentwide Policy (OGP),
Office of Acquisition Policy (MV). Contact information for the GSA
Procurement Ombudsman can be found at: http://www.gsa.gov/ombudsman.
(c) If the contractor is not satisfied with the resolution of
its complaint by the Ordering Agency Task-Order and Delivery-Order
Ombudsman, the contractor may follow the procedures outlined in FAR
subpart 33.1, as applicable (e.g., FAR 16.505(a)(10).
(End of Clause)
[FR Doc. 2016-31932 Filed 1-6-17; 8:45 am]
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