[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Rules and Regulations]
[Pages 43256-43257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14142]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 532 and 552

[GSAR Case 2023-G506; Docket No. GSA-GSAR-2023-0015; Sequence No. 1]


General Services Administration Acquisition Regulation; Remove 
Purchase Card Payment Clause

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

ACTION: Final rule; technical amendment.

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SUMMARY: The General Services Administration is issuing this final rule 
as a technical amendment to remove clause 552.232-77 Payment by 
Government Charge Card in the General Services Administration 
Acquisition Regulation.

DATES: Effective August 7, 2023.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Daria Giannotti, Procurement Analyst, at 215-446-2878 or 
[email protected]. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat Division at 
[email protected] or 202-501-4755. Please cite GSAR Case 2023-G506.

SUPPLEMENTARY INFORMATION:

I. Background

    The General Services Administration conducts routine reviews of its 
acquisition regulations to identify outdated content and to ensure 
there is no unnecessary duplication of or conflict with the Federal 
Acquisition Regulation (FAR), pursuant to FAR 1.304. As part of this 
review, GSA identified:
     General Services Administration Regulation (GSAR) clause 
552.232-77 Payment By Government Charge Card is redundant to FAR clause 
52.232-36 Payment by Third Party and should be removed. As this GSAR 
clause is over 10 years old, GSA does not have any historical 
information that explains why the duplicative GSAR clause was initially 
created. This rule rectified the issue.
     Additionally, language regarding internal solicitation 
preparation instructions was identified that only addresses 
responsibilities of contracting officers in preparing contract 
documentation. As such, it is not regulatory material and removed from 
the GSAR.

Overview of Editorial Updates

    GSA identified that GSA Clause 552.232-77, Payment by Government 
Charge Card, was redundant to FAR clause 52.232-36 Payment by Third 
Party and was removed. Consequently, 532.7003 was revised to remove 
instructions to use 552.232-77 for indefinite-delivery, indefinite-
quantity (IDIQ) contracts other than Multiple Award Schedule (MAS) 
contracts.
     MAS, also known as the Federal Supply Schedule (FSS) and 
the GSA Schedule, is a long-term governmentwide contract with 
commercial companies that provide access to millions of commercial 
products and services at fair and reasonable prices to the Federal 
Government.
    Additionally, in GSAR subpart 532.70, 532.7002 only addresses 
responsibilities of contracting officers in preparing contract 
documentation regarding payment through the use of the Governmentwide 
commercial purchase cards. As such, it is not regulatory material and 
was moved from the GSAR to the non-regulatory GSAM.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707. Subsection (a)(1) of 41 
U.S.C. 1707 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

[[Page 43257]]

agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because the change is technical in nature and makes conforming updates 
to the title and number of a referenced policy document.

III. 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. 
The Office of Information and Regulatory Affairs (OIRA) in the Office 
of Management and Budget (OMB) has determined that 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.

IV. 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.
    The Office of Information and Regulatory Affairs in OMB has 
determined that this is not a major rule under 5 U.S.C. 804.

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

VI. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 532 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 532 and 552 as follows:

0
1. The authority citation for 48 CFR parts 532 and 552 continues to 
read as follows:

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

PART 532--CONTRACT FINANCING

0
2. Revise section 538.7002 to read as follows:


532.7002  Solicitation requirements.

    (a) In solicitations for supplies and services, except FSS schedule 
solicitations, request offerors to indicate if they will accept payment 
by Governmentwide commercial purchase card. Identify the card brand(s) 
under the GSA SmartPay[supreg] program that may be used to make 
payments under the contract, on the cover page or in Section L of the 
solicitation.
    (b) For FSS schedule contracts, identify the card brand(s) under 
the GSA SmartPay[supreg] program that may be used to make payments 
under the contract in the contract award letter.
    (c) For orders placed by GSA, you may authorize payment by 
Governmentwide commercial purchase card only for orders that do not 
exceed $100,000 (see GSA Order, Guidance on Use of the Credit Card for 
Purchases (CFO 4200.1)).
    (d) Consider requesting offerors to designate different levels for 
which they may accept payment by Governmentwide commercial purchase 
card, for example:
    ``If awarded a contract under this solicitation, the offeror agrees 
to accept payment by Governmentwide commercial purchase card for orders 
of:

__ $2,500 or less
__ $25,000 or less
__ $50,000 or less
__ $100,000 or less]''


532.7003  [Amended]

0
3. Amend section 532.7003 by removing the first sentence.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


552.232-77  [Removed and Reserved]

0
4. Remove and reserve section 552.232-77.

[FR Doc. 2023-14142 Filed 7-6-23; 8:45 am]
BILLING CODE 6820-61-P