[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76111-76112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26705]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 512 and 552

[GSAR Case 2020-G505; Docket No. GSA-GSAR-2022-0018; Sequence No. 1]
RIN 3090-AK18


General Services Administration Acquisition Regulation (GSAR); 
Clarify Commercial Products and Services Contract Terms and Conditions

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

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is issuing a final 
rule amending the General Services Administration Acquisition 
Regulation (GSAR) to make technical amendments to GSAR clause 552.212-4 
regarding commercial items and its prescribing section. This GSAR 
clause is a deviation to FAR clause 52.212-4. These technical 
amendments update obsolete references, correct typographical errors, 
and make minor editorial changes to improve clarity of GSA's deviation 
to FAR clause 52.212-4.

DATES: Effective January 12, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Giles and Mrs. Johnnie 
McDowell, Procurement Analyst, at 202-718-6112, 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-G505.

SUPPLEMENTARY INFORMATION:

I. Background

    GSA is amending the GSAR to make several minor technical amendments 
to 552.212-4 and its prescribing section to improve clarity of GSA's 
Deviation to the equivalent FAR Commercial Items Clause. These 
technical amendments will assist contracting offices and contractors 
with understanding applicability of GSA's deviation to their specific 
commercial procurement actions.

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

    The final rule makes general wording and cross-reference changes to 
GSAR clause 552.212-4 and other related sections. For example, the 
final rule corrects the prescribing section cross-referenced in the 
introductory text of GSAR clause 552.212-4 from ``512.301(e)'', which 
is now obsolete, to ``512.301(b)'', which is current. In addition, the 
prescribed use of GSAR clause 552.212-4 is not limited to a defined 
circumstance. Therefore, the final rule removes the term ``Alternate 
II'' and any associated language from GSAR clause 552.212-4 to clarify 
the clause is a ``Deviation'' as defined and used by FAR 1.401 and GSAR 
501.4, and not an ``Alternate'' as defined by FAR 2.101. Other 
technical amendments include minor grammatical corrections and minor 
editorial changes to clarify the applicability of GSA's Deviation to 
FAR clause 52.212-4.

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 rule is not a significant regulatory action and, therefore, is 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. The General Services 
Administration will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and 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 is not a ``major rule'' under 5 U.S.C. 
804(2).

VI. Publication for Public Comment Not Required for This Rulemaking

    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; rather, this rule merely makes 
minor editorial changes to improve clarity and corrects typographical 
errors and outdated cross-references in the GSAR. The rule does not 
expand or shrink the universe of products or services that the 
Government may procure using GSAR part 552, nor does it change the 
terms and conditions vendors must comply with. This rule does not add 
any new solicitation provisions or contract clauses nor does it add any 
new burdens because the case does not add or change any requirements 
with which vendors must comply.

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 final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the

[[Page 76112]]

Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 512 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 512 and 552 as set forth below:

0
1. The authority citation for 48 CFR parts 512 and 552 continues to 
read as follows:

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

PART 512--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL 
SERVICES


512.301  [Amended]

0
2. Amend section 512.301 by removing the third sentence of paragraph 
(b).

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend 552.212-4 by--
0
a. Revising the section heading and date of the clause;
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b. Removing from the introductory text, the phrase, ``512.301(e)'' and 
adding the phrase ``512.301(b)'' in its place; and
0
c. Removing the Alternate II introductory text.
    The revisions read as follows:


552.212-4  Contract Terms and Conditions--Commercial Products and 
Commercial Services (FAR DEVIATION 52.212-4).

* * * * *

Contract Terms and Conditions--Commercial Products and Commercial 
Services (FAR Deviation 52.212-4) (Jan 2023)

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[FR Doc. 2022-26705 Filed 12-12-22; 8:45 am]
BILLING CODE 6820-61-P