[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33858-33860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15056]



48 CFR Part 501

[GSAR Change 102; GSAR Case 2016-G509; Docket No. GSA-GSAR-2019-0009; 
Sequence No. 1]
RIN 3090-AJ83

General Services Administration Acquisition Regulation (GSAR); 
Updates to the Issuance of GSA's Acquisition Policy

AGENCY: Office of Acquisition Policy, General Services Administration 

ACTION: Direct final rule.


SUMMARY: The General Services Administration (GSA) is issuing this 
direct final rule to amend the General Services Administration 
Acquisition Regulation (GSAR) to remove internal agency guidance 
regarding deviations from the Federal Acquisition Regulation (FAR) and 
General Services Administration Acquisition Manual (GSAM) and move it 
to GSA's non-regulatory acquisition policy.

DATES: This final rule is effective on September 16, 2019, without 
further notice unless adverse comments are received by August 15, 2019.

ADDRESSES: Submit comments in response to GSAR Case 2016-G509 by any of 
the following methods:

[[Page 33859]]

     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``GSAR 
Case 2016-G509''. Select the link ``Comment Now'' that corresponds with 
``GSAR Case 2016-G509.'' Follow the instructions provided on the 
screen. Please include your name, company name (if any), and ``GSAR 
Case 2016-G509'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd 
floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite ``GSAR Case 
2016-G509'' in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission 
to verify posting (except allow 30 days for posting of comments 
submitted by mail).

Analyst, at 202-445-0390, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite GSAR Case 2016-G509--
Updates to the Issuance of GSA's Acquisition Policy.


I. Background

    As part of GSA's regulatory reform efforts, GSA has been performing 
a comprehensive review of the regulatory requirements in the GSAR. As a 
part of these efforts, GSA identified internal agency guidance on roles 
and responsibilities on issuing GSA acquisition policies and approval 
requirements that need to be moved to GSA's non-regulatory acquisition 
policy located with the GSAM. Additionally, GSA identified other 
administrative aspects of GSAR part 501 that needed updating as well. 
As a result, GSA included as part of the Fall edition of the Unified 
Agenda of Federal Regulatory and Deregulatory Actions in the Federal 
Register at 83 FR 57803 on November 16, 2018 its intention to publish a 
final rule notice in the Federal Register.

II. Discussion and Analysis

    Federal Acquisition Regulation (FAR) 1.301(a)(2) provides an agency 
head the ability to issue or authorize the issuance of internal agency 
guidance at any organizational level (e.g., designations and 
delegations of authority, assignments of responsibilities, work-flow 
procedures, and internal reporting requirements). Furthermore, FAR 
1.301(b) states that publication for public comment is not required for 
issuances under FAR 1.301(a)(2).
    GSA's implementation and supplementation of the FAR is issued in 
the GSAM, which includes the GSAR. The GSAR contains policies and 
procedures that have a significant effect beyond the internal operating 
procedures of GSA or a significant cost or administrative impact on 
contractors or offerors (see FAR 1.301(b)). Relevant procedures, 
guidance, instruction, and information that do not meet this criteria 
are issued through the non-regulatory portion of the GSAM and other GSA 
    As a part of GSA's comprehensive review of its regulatory 
requirements in the GSAR, internal agency guidance was identified 
within GSAR subpart 501 that could be moved to GSA's non-regulatory 
acquisition policy of the GSAM. This internal guidance does not have a 
significant effect beyond the internal operating procedures of GSA or a 
significant cost or administrative impact on contractors or offerors 
(see FAR 1.301(b)). As a result, this action represents an 
administrative clean-up to remove internal agency guidance from the 
GSAR and move it to GSA's non-regulatory acquisition policy. The 
benefit of moving this from the GSAR to the GSAM is that it is easier 
and more efficient to update internal operating procedures as 
necessary. With the increasing pace of change in technology and 
business process, this change makes it easier to keep the most-up-to-
date procedures in place.
    The amendments to GSAR part 501 are minor and reflect needed 
changes to bring the language up-to-date.

III. Executive Order 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 Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

IV. Executive Order 13771

    This final rule is not subject to E.O. 13771, because this rule is 
not a significant regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    GSA does not expect this final rule to 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 is 
a noncontroversial action that only impacts the agency's internal 
operating procedures, and GSA anticipates no significant adverse 
    Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. GSA invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
    GSA will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C 610 (GSAR Case 2016-G509), in 

VI. Paperwork Reduction Act

    This 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 Part 501.

    Government procurement.

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Governmentwide Policy, General Services Administration.

    Therefore, GSA amends 48 CFR part 501 as set forth below:


1. The authority citation for 48 CFR part 501 continues to read as 

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

501.104  [Amended]

2. Amend section 501.104 by removing paragraph (d).

[[Page 33860]]

3. Amend section 501.105-1 by revising paragraph (a) and removing 
paragraphs (c) and (d).
    The revision reads as follows:

501.105-1  Publication and code arrangement.

* * * * *
    (a) The Federal Register at https://www.federalregister.gov/.
* * * * *

4. Revise section 501.105-3 to read as follows:

501.105-3  Copies.

    Copies of the GSAR may be purchased from the Government Printing 
Office at https://www.gpo.gov/. The GSAR is also available 
electronically at https://www.ecfr.gov/ or at https://www.acquisition.gov under the agency supplements tab.

Subpart 501.4 [Removed]

5. Remove subpart 501.4, consisting of 501.402 through 501.404-71.

[FR Doc. 2019-15056 Filed 7-15-19; 8:45 am]