[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Rules and Regulations]
[Pages 76583-76584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26703]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 515, 516 and 552

[GSAR Case 2021-G502; Docket No. 2022-0021; Sequence No. 1]
RIN 3090-AK70


General Services Administration Acquisition Regulation GSAR); 
GSAR Clause Matrix Update

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

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is issuing this 
final rule amending the General Services Administration Acquisition 
Regulation (GSAR) to make editorial changes. This technical amendment 
includes correcting GSAR provision and clause designation and 
prescription errors as well as fixing mistakes regarding the 
incorporation of GSAR provisions and clauses.

DATES: Effective: December 15, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Kathryn Carlson or Mr. Bryon 
Boyer, GSA Acquisition Policy Division, for clarification of content at 
817-850-5580 or email [email protected]. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat at 
202-501-4755. Please cite GSAR Case 2021-G502.

SUPPLEMENTARY INFORMATION:

I. Discussion and Analysis

    This final rule amends the GSAR to make editorial corrections. As 
part of GSA's regulatory reform efforts, GSA made updates to the GSAM 
Matrix of Provisions and Clauses. During this process, designation and 
prescription errors connected to these GSAR clauses and provisions were 
found. This technical amendment corrects these designations and 
prescription errors and revises language regarding the incorporation of 
these provisions and clauses. There are no significant content changes 
to the GSAR as a result of this technical amendment.

II. 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.

III. Congressional Review Act

    Subtitle E of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (codified at 5 U.S.C. 801-808), also known as the 
Congressional Review Act or CRA, 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 under the CRA 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).

IV. Publication for Public Comment Is Not Required

    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,

[[Page 76584]]

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 it is a technical 
amendment that does not have a significant effect or impose any new 
requirements on contractors or offerors. This rule simply makes 
editorial changes.

V. 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 IV. of this preamble). Accordingly, no regulatory flexibility 
analysis is required and none has been prepared.

VI. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 515, 516, 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 515, 516, and 552 as set forth 
below:

0
1. The authority citation for 48 CFR parts 515, 516, and 552 continues 
to read as follows:

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

PART 515--CONTRACTING BY NEGOTIATION


515.408  [Amended]

0
2. Amend section 515.408 by removing from paragraph (d) ``552.215-72'' 
and adding ``552.215-75'' in its place.

PART 516--TYPES OF CONTRACT

0
3. Amend section 516.506 by adding a sentence at the end of paragraph 
(b) to read as follows:


516.506  Solicitation provisions and contract clauses.

* * * * *
    (b) * * * Use 552.216-73 Alternate I when 552.216-72 Alternate I is 
prescribed.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 552.102 by--
0
a. Removing from paragraph (b) introductory text the word ``not''; and
0
b. Revising paragraph (b)(3).
    The revision reads as follows:


552.102  Incorporating provisions and clauses.

* * * * *
    (b) * * *
    (3) It is identified as a deviation that has not been incorporated 
into the GSAM or FAR, as applicable (e.g., acquisition letter) (see 
501.370(a)); or''
* * * * *

0
5. In section 552.236-21 amend Alternate I by--
0
a. Revising the date; and
0
c. Removing from the introductory text ``536.521'' and adding 
``536.521(a)'' in its place.
    The revision reads as follows:


552.236-21   Specifications and Drawings for Construction.

* * * * *
    Alternate I (DEC 2022) * * *
* * * * *

0
6. In section 552.236-71 amend Alternate I by--
0
a. Revising the date; and
0
b. In the introductory text removing ``536.571'' and adding 
``536.571(a) in its place.
    The revision reads as follows:


552.236-71   Contractor Responsibilities.

* * * * *
    Alternate I (DEC 2022) * * *
* * * * *

0
7. In section 552.238-70 amend Alternate I by--
0
a. Revising the date; and
0
b. In the introductory text removing ``538.273(a)(1)(i)'' and 
``provision.'' and adding ``538.273(a)(1)'' and ``provision:'' in their 
places, respectively.
    The revision reads as follows:


552.238-70  Cover Page for Worldwide Federal Supply Schedules

* * * * *
    Alternate I (DEC 2022) * * *
* * * * *
[FR Doc. 2022-26703 Filed 12-14-22; 8:45 am]
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