[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Rules and Regulations]
[Pages 1127-1128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28016]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 552
[GSAR Case 2016-G502; Docket No. GSAR-2019-0019; Sequence No. 1]
RIN 3090-AK14
General Services Administration Acquisition Regulation (GSAR);
Submission and Distribution of Federal Supply Schedule (FSS) Price
Lists
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Direct final rule with request for comments.
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SUMMARY: This direct final rule amends the General Services
Administration Acquisition Regulation (GSAR) to update GSAR clauses
applicable to the submission and distribution of Federal Supply
Schedule (FSS) Price Lists.
DATES: Effective Date: This final rule is effective on March 9, 2020
without further notice unless adverse comments are received by February
10, 2020. If GSA receives adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit comments in response to GSAR Case 2016-G502 by any
one of the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``GSAR
Case 2016-G502.'' Select the link ``Submit a Comment'' that corresponds
with ``GSAR Case 2016-G502.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``GSAR Case 2016-G502'' on your attached document. To confirm
receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Ms. Mandell/GSAR 2016-G502, 1800 F Street NW,
2nd Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2016-
G502, 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.
FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, Procurement Analyst,
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 2016-G502.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is amending the General Services Administration Acquisition
Regulation (GSAR) at part 552, Solicitation Provisions and Contract
Clauses, to update and bring current practices for submitting and
distributing FSS Price Lists. Specifically, GSA is amending clauses
552.238-77, Submission and Distribution of Authorized Federal Supply
Schedule (FSS) Price Lists, and 552.23-82, Modifications (Federal
Supply Schedules).
Currently, regulations reference submission of paper copies of the
Authorized FSS Price List for approval by the contracting officer, and
distribution of paper copies to a designated mailing list. This is no
longer in line with current practices.
Under this rule, the contractor will submit its FSS price list on a
common-use electronic medium as prescribed by GSA. Eligible ordering
activities will utilize GSA's online shopping and ordering system to
review a contractors' price lists.
Updating regulations applicable to the submission and distribution
of FSS price lists as described under the rule has many benefits, which
include:
The elimination of duplicative requirements related to the
submission of paper price lists;
The elimination of requirements to distribute paper price lists to
a customer mailing list; and
Streamlined requirements for price lists that are consistent with
current practices and can accommodate the continued modernization of
the FSS Program.
II. Authority for This Rulemaking
Title 41 United States Code (U.S.C.) 152(3) authorizes GSA to
establish procedures for the FSS Program. GSA's FSS procedures are
deemed to meet the Competition in Contracting Act (CICA) requirement of
full and open competition as long as participation has been open to all
responsible sources; and orders and contracts under those procedures
result in the lowest overall cost alternative to meet the needs of the
Federal Government.
This is also consistent with the Federal Acquisition System and its
principle to minimize administrative operating costs (Federal
Acquisition Regulation (FAR) 1.102(b)(2)). The Federal Acquisition
System is designed to deliver the best value product or service to the
customer in terms of cost, quality, and timeliness.
By eliminating duplication and streamlining the requirements for
price lists, GSA is making it easier to do business with the
Government.
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 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
[[Page 1128]]
significant regulatory action under E.O. 12866.
V. Regulatory Flexibility Act
The General Services Administration does not expect this 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. Though, the elimination of regulations applicable to the
submission and distribution of FSS price lists will yield positive
benefits for small businesses.
Therefore, a 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
entities.
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-G502), in
correspondence.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) does apply
because the direct final rule impacts two clauses with information
collection requirements. However, these clause revisions do not impose
additional information collection requirements to the burden previously
approved under existing OMB Control Number 3090-0302.
List of Subjects in 48 CFR Part 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
Therefore, GSA amends 48 CFR part 552 as set forth below:
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
2. Revise section 552.238-77 to read as follows:
552.238-77 Submission and Distribution of Authorized Federal Supply
Schedule Price Lists.
As prescribed in 538.273(d)(1), insert the following clause:
Submission and Distribution of Authorized Federal Supply Schedule Price
Lists (FEB 2020)
(a) The Contractor shall submit its Authorized Federal Supply
Schedule Price List on a common-use electronic medium as prescribed
by GSA. Some structured data entry in a prescribed format may be
required.
(b) Eligible ordering activities will utilize GSA's online
shopping and ordering system to review a Contractors' price lists.
End of Clause
552.238-82 [Amended]
0
3. Amend section 552.238-82 by--
0
a. Removing from paragraph (b)(3) ``Contractor shall submit'' and
adding ``Contractor shall transmit'' in its place (twice),
respectively;
0
b. In Alternate I:
0
i. Removing from the introductory text ``paragraph (f)'' and adding
``paragraph (e)'' in its place; and
0
ii. Redesignating paragraph (f) as paragraph (e).
[FR Doc. 2019-28016 Filed 1-8-20; 8:45 am]
BILLING CODE 6820-61-P