[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Rules and Regulations]
[Pages 6044-6045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02194]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 538 and 552

[GSAR Case 2021-G529; Docket No. GSA-GSAR 2022-0006; Sequence No. 1]
RIN 3090-AK50


General Services Administration Acquisition Regulation (GSAR); 
Updates to References to Individuals With Disabilities

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to 
provide more inclusive acquisition guidance for underserved communities 
by updating references from ``handicapped individuals'' to 
``individuals with disabilities,'' pursuant to Section 508 of the 
Rehabilitation Act. This rule supports underserved communities, 
promoting equity in the Federal Government.

DATES: Effective: March 7, 2022.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Joseph Goldberg or Ms. Adina Torberntsson, GSA Acquisition Policy 
Division, at 303-236-2677 or [email protected]. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755 or [email protected]. Please cite 
GSAR Case 2021-G529.

SUPPLEMENTARY INFORMATION:

I. Background

    Currently, the GSAR uses the terms ``handicapped'' and 
``handicapped individuals'' to identify individuals with impairments 
who can benefit from certain electronic office equipment. However, the 
Americans with Disabilities Act and the Rehabilitation Act use the term 
``individuals with disabilities'' to reference these individuals. Thus, 
this rule updates language in the GSAR to conform with the statutory 
language and provide more inclusive acquisition guidance for 
underserved communities.

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

    This rule revises the term ``handicapped'' to ``individuals with 
disabilities'' at 552.238-73. Additionally, the rule updates the GSAR 
to guide the reader to 29 U.S.C. 705(20) for the definition of 
``individuals with disabilities'', replacing an outdated reference to 
29 CFR 1613.702 for the definition of ``handicapped.''

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

[[Page 6045]]

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 rule has been 
reviewed and determined by 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 rule has been reviewed and determined by OMB not to be a ``major 
rule'' under 5 U.S.C. 804(2).

VI. Notice for Public Comment

    The statute that applies to the publication of the GSAR is the 
Office of Federal Procurement Policy statute (codified at title 41 of 
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires 
that a procurement policy, regulation, procedure or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This rule is not required to be published for public comment, because 
GSA is not issuing a new regulation. This rule does not add any new 
solicitation provisions or contract clauses. It does not add any new 
burdens because the case does not add or change any requirements with 
which vendors must comply. Rather, this rule is merely an editorial 
change and will provide consistent language to statute.

VII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see 
Section VI of this preamble). Accordingly, no regulatory flexibility 
analysis is required, and none has been prepared.

VIII. Paperwork Reduction Act

    The 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 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 amends 48 CFR parts 538 and 552 as set forth below:

0
1. The authority citation for 48 CFR parts 538 and 552 continues to 
read as follows:

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

PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING


538.273   [Amended]

0
2. Amend section 538.273 by removing from paragraph (b)(1) the phrase 
``the Handicapped'' and adding ``Individuals with Disabilities'' in its 
place.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Revise section 552.238-73 to read as follows:


552.238-73   Identification of Electronic Office Equipment Providing 
Accessibility for Individuals with Disabilities.

    As prescribed in 538.273(b)(1), insert the following clause:

Identification of Electronic Office Equipment Providing Accessibility 
for Individuals With Disabilities (Mar 2022)

    (a) Definitions.
    Electronic office equipment accessibility means the application/
configuration of electronic office equipment (includes hardware, 
software and firmware) in a manner that accommodates the functional 
limitations of individuals with disabilities (as defined below) so 
as to promote productivity and provide access to work related and/or 
public information resources.
    Individuals with disabilities means qualified individuals with 
impairments as defined in 29 U.S.C. 705(20) who can benefit from 
electronic office equipment accessibility.
    Special peripheral means a special needs aid that provides 
access to electronic equipment that is otherwise inaccessible to 
individuals with disabilities.
    (b) The offeror is encouraged to identify in its offer and 
include in any commercial catalogs and pricelists accepted by the 
Contracting Officer, office equipment, including any special 
peripheral, that will facilitate electronic office equipment 
accessibility for individuals with disabilities. Identification 
should include the type of disability accommodated and how the users 
with that disability would be helped.

(End of clause)
[FR Doc. 2022-02194 Filed 2-2-22; 8:45 am]
BILLING CODE 6820-61-P