[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]



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 

AGENCY: Office of Acquisition Policy, General Services Administration 

ACTION: Direct final rule with request for comments.


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.


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 
    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 

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 
    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 

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:


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

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

 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 
    (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]

3. Amend section 552.238-82 by--
 a. Removing from paragraph (b)(3) ``Contractor shall submit'' and 
adding ``Contractor shall transmit'' in its place (twice), 
b. In Alternate I:
 i. Removing from the introductory text ``paragraph (f)'' and adding 
``paragraph (e)'' in its place; and
ii. Redesignating paragraph (f) as paragraph (e).

[FR Doc. 2019-28016 Filed 1-8-20; 8:45 am]