[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40683-40684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17639]



48 CFR Part 552

[GSAR Change 89; GSAR Case 2016-G506; Docket No. 2016-0016; Sequence 
RIN 3090-AJ75

General Services Administration Acquisition Regulation (GSAR); 
Federal Supply Schedule, Order-Level Materials; Technical Amendment

AGENCY: Office of Acquisition Policy, General Services Administration 

ACTION: Final rule.


SUMMARY: GSA is amending the General Services Administration Regulation 
(GSAR) to clarify the text regarding the application of the threshold 
for order-level materials (OLMs).

DATES: Effective: August 16, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Leah Price, GSA Acquisition Policy 
Division, Senior Policy Advisor, at [email protected]. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite GSAR Case 2016-G506.


I. Background

    GSAR Case 2016-G506; Federal Supply Schedule, Order-Level 
Materials, was published in the Federal Register at 83 FR 3275, on 
January 24, 2018. Since then, clarification is required regarding the 
application of the 33.33 percent threshold of order-level materials 
(OLMs) for task or delivery orders and orders against Federal Supply 
Schedule (FSS) BPAs awarded under FSS contracts at GSAR 552.238-

II. Discussion of Changes

    GSAR clause 552.238-82(d) Special Ordering Procedures for the 
Acquisition of Order-Level Materials prescribes procedures for 
including OLMs when placing an order against a Federal Supply Schedule 
(FSS) contract or FSS BPA. The procedures at d(4) of the clause require 
that the value of OLMs in an order awarded under a FSS contract or FSS 
BPA shall not exceed 33.33 percent of the total value of the order. The 
text at d(4) of the clause is being amended to clarify the 
applicability of the 33.33 percent threshold on OLMs placed in a task 
or delivery order or the cumulative value of OLMs in orders against an 
FSS BPA awarded under a FSS contract. There are no significant content 
changes resulting from this technical amendment.

III. 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 contains minor editorial updates without changing the 
meaning of content. The changes do not have a significant impact on the 

IV. 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.

V. Executive Order 13771

    The General Services Administration certifies 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 this editorial change does not have a 
significant impact on the public or Government.

VI. 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.

VII. 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 Part 552

    Government procurement.

    Dated: August 10, 2018.
Jeffrey A. Koses,
Senior Procurement Executive, General Services Administration.

    Therefore, GSA amends 48 CFR part 552 as set forth below:


1. The authority citation for 48 CFR part 552 continues to read as 

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

[[Page 40684]]

2. Amend section 552.238-82 by revising paragraph (d)(4) to read as 

552.238-82  Special Ordering Procedures for the Acquisition of Order-
Level Materials.

* * * * *
    (d) * * *
    (4) The value of order-level materials in a task or delivery order, 
or the cumulative value of order-level materials in orders against an 
FSS BPA awarded under a FSS contract shall not exceed 33.33 percent.
* * * * *
[FR Doc. 2018-17639 Filed 8-15-18; 8:45 am]