[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Proposed Rules]
[Pages 48617-48619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18517]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 517, 538, and 552
[GSAR Case 2020-G509; Docket No. GSA-GSAR 2021-0015; Sequence No. 1]
RIN 3090-AK19
General Services Administration Acquisition Regulation (GSAR);
Extending Federal Supply Schedule Orders Beyond the Contract Term
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
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SUMMARY: GSA is proposing to amend the General Services Administration
Acquisition Regulation (GSAR) to incorporate existing internal Federal
Supply Schedule (FSS) policy concerning the option to extend the term
of the contract and performance of orders beyond the term of the base
FSS contract.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
November 1, 2021 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to GSAR Case 2020-G509 to:
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``GSAR Case 2020-G509''.
Select the link ``Comment Now'' that corresponds with GSAR Case 2020-
G509. Follow the instructions provided at the ``Comment Now'' screen.
Please include your name, company name (if any), and ``GSAR Case 2020-
G509'' on your attached document. If your comment cannot be submitted
using https://www.regulations.gov, call or email the points of contact
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
[[Page 48618]]
Instructions: Please submit comments only and cite GSAR Case 2020-
G509 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. Thomas O'Linn, Procurement
Analyst, at [email protected] for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755 or [email protected].
Please cite GSAR Case 2020-G509.
SUPPLEMENTARY INFORMATION:
I. Background
As a part of GSA's comprehensive review of the regulatory
requirements in the GSAR, GSA identified supplemental internal GSA
policy related to the FSS program that should be placed within the
GSAR. Specifically, GSA is seeking to incorporate into the GSAR FSS
clause I-FSS-163, Option to Extend the Term of the Contract
(Evergreen), and FSS policy concerning standard fill-in information for
paragraph (d) of FAR clause 52.216-22, Indefinite Quantity.
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.
III. Discussion and Analysis
GSA is amending the GSAR to revise subpart 517.2 for purposes of
clarifying requirements contained in 517.207. Additionally, GSA is
revising subpart 538.2 for purposes of revising the title of section
538.270 and adding paragraphs (d)(36) and (e) to section 538.273.
Lastly, GSA is revising subpart 552.2 to add the following new GSAR
clause: 552.238-116, Option to Extend the Term of the FSS Contract.
This new GSAR clause incorporates FSS clause, I-FSS-163, Option to
Extend the Term of the Contract (Evergreen).
FSS clause I-FSS-163, Option to Extend the Term of the Contract
(Evergreen), has been in use by the FSS program since 2000. This clause
is currently implemented through internal GSA policy and incorporated
into FSS solicitations and contracts. Incorporating this clause into
the GSAR allows for greater transparency and ensures FSS regulations
are in one area (i.e., part 538).
The internal policy concerning standard fill-in information for
paragraph (d) of FAR clause 52.216-22, Indefinite Quantity, has been in
use by the FSS program since 2016. The use of standard fill-in
information supports the administration of orders issued during the FSS
contract ordering period that remain active beyond expiration of the
FSS contract ordering period. This requirement is currently implemented
through internal GSA policy and incorporated into FSS solicitations and
contracts. Incorporating this requirement into the GSAR allows for
greater transparency and ensures FSS regulations are in one area (i.e.,
part 538).
To support the incorporation of these internal GSA policies to the
GSAR the following amendments to the GSAR are being made: The title of
section 538.270 is being revised from ``Evaluation of Federal Supply
Schedule (FSS) offers'' to ``Solicitation, evaluation and award of
Federal Supply Schedule (FSS) contracts''; GSAR clause 552.238-116,
Option to Extend the Term of the FSS Contract, is being added (i.e.,
this clause incorporates and will replace the existing FSS clause I-
FSS-163, Option to Extend the Term of the Contract (Evergreen)); adding
paragraph (d)(36) to GSAR section 538.273 for purposes of incorporating
the prescription for 552.238-116, Option to Extend the Term of the FSS
Contract; adding paragraph (e) to GSAR section 538.273 for purposes of
incorporating the standard fill-in requirement for paragraph (d) of FAR
clause 52.216-22, Indefinite Quantity; and making technical changes to
517.207 for purposes of clarity and conformity.
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 rulemaking has been reviewed and determined by Office of
Management and Budget (OMB) not to be 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.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a ``major rule'' may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This rulemaking has been reviewed and determined by OMB not to be a
``major rule'' under 5 U.S.C. 804(2).
VI. Regulatory Flexibility Act
GSA does not expect this proposed 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.
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 proposed 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 2020-G509), in
correspondence.
VII. Paperwork Reduction Act
This rulemaking 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 517, 538, and 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA proposes amending 48 CFR parts 517, 538, and 552 as
set forth below:
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1. The authority citation for 48 CFR parts 517, 538, and 552 continues
to read as follows:
Authority: 40 U.S.C. 121(c).
[[Page 48619]]
PART 517--SPECIAL CONTRACTING METHODS
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2. Amend section 517.207 by revising the introductory text and
paragraph (a) to read as follows:
517.207 Exercise of options.
In addition to the requirements of FAR 17.207, the contracting
officer shall:
(a) Document the contract file with the rationale for exercising
the contract option to extend the period of performance if the
contractor's performance under the contract is less than satisfactory.
* * * * *
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
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3. Revise section 538.270 heading to read as follows:
538.270 Solicitation, evaluation, and award of Federal Supply Schedule
(FSS) contracts.
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4. Amend section 538.273 by adding paragraphs (d)(36) and (e) to read
as follows:
538.273 FSS solicitation provisions and contract clauses.
* * * * *
(d) * * *
(36) 552.238-116, Option to Extend the Term of the FSS Contract.
Use in all FSS solicitations and contracts.
(e) Insert the following fill-in information within the blank of
paragraph (d) of FAR clause 52.216-22, Indefinite Quantity: ``the
completion of customer order, including options, 60 months following
the expiration of the FSS contract ordering period''.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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5. Add section 552.238-116 to read as follows:
552.238-116 Option to Extend the Term of the FSS Contract.
As prescribed in 538.273(d)(36), insert the following clause:
Option To Extend the Term of the FSS Contract (Date)
(a) The Government may require continued performance of this
contract for an additional 5 year period. This option may be
exercised up to three times.
(b) The Contracting Officer may exercise the option by providing
written notice to the Contractor 30 days before the contract
expires.
(End of clause)
[FR Doc. 2021-18517 Filed 8-30-21; 8:45 am]
BILLING CODE 6820-61-P