[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Rules and Regulations]
[Pages 50958-50959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16115]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part(s) 516 and 552

[GSAR Case 2020-G526; Docket No. GSA-GSAR-2020-0013; Sequence No. 1]
RIN 3090-AK27


General Services Administration Acquisition Regulation; Task-
Order and Delivery-Order Ombudsman Update

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 remove text duplicative 
to the Federal Acquisition Regulation (FAR) regarding the Task-Order 
and Delivery-Order Ombudsman.

DATES: This final rule is effective on October 19, 2020 without further 
notice unless adverse comments are received by September 18, 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 2020-G526 to: 
Regulations.gov: https://www.regulations.gov. Submit comments via the 
Federal eRulemaking portal by searching for ``GSAR Case 2020-G526''. 
Select the link ``Comment Now'' that corresponds with GSAR Case 2020-
G526. Follow the instructions provided at the ``Comment Now'' screen. 
Please include your name, company name (if any), and ``GSAR Case 2020-
G526'' on your attached document.
    Instructions: Please submit comments only and cite GSAR Case 2020-
G526 in all correspondence related to this case. Comments received 
generally will be posted without change to https://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.

FOR FURTHER INFORMATION CONTACT: Mr. Tanner Slaughter, GSA Acquisition 
Policy Division, 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 2020-
G526.

SUPPLEMENTARY INFORMATION:

I. Background

    Federal Acquisition Circular 2019-04 made changes to FAR 
16.505(b)(8), 16.506(j), and 52.216-32. These changes provided for 
making available to contractors under multiple-award indefinite-
delivery indefinite-quantity (IDIQ) contracts the name and contact 
information of the contracting agency's Task-Order and Delivery-Order 
Ombudsman. This information is being made available pursuant to 41 
U.S.C. 4106(g), which provides that all contractors awarded this type 
of contract shall be provided a fair opportunity to be considered for 
each award of an order against the contract. The Ombudsman at each 
agency reviews complaints raised by contractors on this type of 
contract and ensures that each contractor has a fair opportunity to 
compete for task and delivery orders.
    These changes to the FAR rendered text at GSAR 516.506, 552.216-74, 
and 552.216-76 duplicative. Because the GSAR serves as a supplement to 
the FAR, it is appropriate to remove text from the GSAR when such text 
has become duplicative of FAR text.

II. Authority for This Rulemaking

    Title 40 of the United States Code (U.S.C.) Section 121 authorizes 
GSA to issue regulations, including the GSAR, to control the 
relationship between GSA and contractors. The GSAR supplements the FAR. 
By eliminating GSAR text that is duplicative of FAR text, GSA is acting 
in keeping with the GSAR's purpose as a supplementary acquisition 
regulation.

III. Discussion and Analysis

    GSA is amending the GSAR at parts 516, Types of Contracts, and 552,

[[Page 50959]]

Solicitation Provisions and Contract Clauses, to remove language made 
duplicative by changes to the FAR published at 84 FR 38836. Part 516 
includes language prescribing the use of Task-Order and Delivery-Order 
Ombudsman clauses, which is removed to avoid duplication of language in 
FAR part 16. Part 552 includes the Task-Order and Delivery-Order 
Ombudsman clauses prescribed in part 516, which are removed to avoid 
duplication of clauses in FAR part 52.

IV. 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.

V. Executive Order 13771

    This final rule was not subject to E.O. 13771, because this rule is 
not a significant regulatory action under E.O. 12886.

VI. Regulatory Flexibility Act

    GSA 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.

VII. Paperwork Reduction Act

    The final 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 Parts 516 and 552

    Government procurement.

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

    Therefore, GSA amends 48 CFR parts 516 and 552 as set forth below:

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

PART 516--TYPES OF CONTRACTS


516.506  [Amended]

0
1. Amend section 516.506 by--
0
a. Removing from paragraph (a), ``authorizes FAS'' and adding 
``authorizes the Federal Acquisition Service (FAS)'' in its place.
0
b. Removing paragraphs (b) and (d); and
0
c. Redesignating paragraphs (c) and (e) as paragraphs (b) and (c) 
respectively.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


552.216-73  [Amended]

0
2. Revise section 552.216-73 by--
0
a. Removing from the introductory text ``As prescribed in 516.506(c)'' 
and adding ``As prescribed in 516.506(b)'' in its place.
0
b. Removing from the introductory text of Alternate I, ``As prescribed 
in 516.506(c)'' and adding ``As prescribed in 516.506(b)'' in its 
place.


552.216-74  [Removed]

0
3. Remove and reserve section 552.216-74.


552.216-75  [Amended]

0
4. Revise section 552.216-75 by removing from the introductory text 
``As prescribed in 516.506(d)'' and adding ``As prescribed in 
516.506(c)'' in its place.


552.216-76  [Removed]

0
5. Remove and reserve subsection 552.216-76.

[FR Doc. 2020-16115 Filed 8-18-20; 8:45 am]
BILLING CODE 6820-61-P