[The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[General Services Administration Regulatory Plan]
[From the U.S. Government Printing Office, www.gpo.gov]

Federal Register / Vol. 61, No. 231 / Friday, November 29, 1996 / The
                            Regulatory Plan

[[Page 62178]]

GENERAL SERVICES ADMINISTRATION (GSA)
Statement of Regulatory Priorities
The General Services Administration (GSA) establishes policy for and 
provides economical and efficient management of Government property and 
records, including construction and operation of buildings; procurement 
and distribution of supplies; utilization and disposal of property; and 
transportation, traffic, and communications management.
GSA's regulatory priorities for fiscal year 1997 are to ensure our 
regulations reflect the President's philosophy of being consistent, 
sensible, and understandable, and do not place an undue burden on the 
public. Toward that end, in the upcoming year GSA will monitor and 
review regulations and use regulatory direction only when it is 
essential to carry out GSA's mission and responsibilities.
_______________________________________________________________________
GSA

                              -----------

                          PROPOSED RULE STAGE

                              -----------

137. FEDERAL SUPPLY SCHEDULE CONTRACTS--COOPERATIVE PURCHASING
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 40 USC 486(c)


CFR Citation:


 48 CFR 510; 48 CFR 532; 48 CFR 538; 48 CFR 552


Legal Deadline:


None


Abstract:


The General Services Administration (GSA) proposes to make changes to 
the General Services Administration Acquisition Regulation (GSAR) that 
would implement section 1555 of the Federal Acquisition Streamlining 
Act of 1994 (PL 103-355) which deals with cooperative purchasing.


Statement of Need:


Section 1555 amends subsection (b) of section 201 of the Federal 
Property and Administrative Services Act of 1949 (40 USC 481) to 
authorize the Administrator of General Services to provide for use of 
Federal Supply Schedules of the GSA upon request from a State or local 
government, the government of an Indian tribe, or the Commonwealth of 
Puerto Rico. Section 4309 of the Federal Acquisition Reform Act of 1996 
(PL 104-106, February 10, 1996) provided for a delay in GSA's 
implementation of Section 1555. The General Accounting Office (GAO) is 
charged with submitting a report to the Administrator of GSA and 
Congress by February 1997 which provides an assessment of the effects 
on industry including small business and local dealers and the effects 
on State, local and tribal governments of opening Federal Supply 
Schedules for use by such governments. The Administrator of GSA after 
evaluating the GAO report will notify Congress, in accordance with 
section 4309, on plans to provide any Federal Supply Schedule for use 
by State, local or tribal governments.
GSA plans to publish a proposal to add subpart 538.70 to provide the 
policies and procedures for cooperative purchasing and to add to or 
revise the prescription for use of, or text of several solicitation 
provisions and contract clauses in other parts of the regulation, 
including parts 510, 532, and 552, in order to accommodate use of the 
schedule contracts by State, local, and Indian tribal governments, and 
the Commonwealth of Puerto Rico. After consideration of public 
comments, the regulation may be issued in final form.


Alternatives:


Alternatives were considered regarding different aspects of the 
proposed change. With respect to the process for identifying entities 
eligible to use GSA sources of supply including Federal Supply 
Schedules, GSA considered and rejected the idea of using a contract 
clause to provide a blanket authorization to eligible entities, with 
provisions for governmental entities to provide evidence to support 
their eligibility at the request of schedule contractors. The idea was 
rejected for several reasons. First, it placed a greater burden on both 
contractors and eligible governmental entities. Instead of a one-time 
application to GSA, governmental entities would be required to provide 
evidence of eligibility with virtually every order placed against 
schedule contracts. In addition, schedule contractors would be unable 
to gauge the level of interest on the part of State, local, and Indian 
tribal governments in participating in the schedule contracts. In 
addition, every contractor would be faced with determining whether the 
evidence of eligibility provided by governmental entities was adequate. 
In addition, such an approach limits GSA's ability to control the 
program in order to ensure that service to executive agencies of the 
Federal Government is maintained. Instead, a one-time application 
process was determined to be the best approach. The proposal also 
encourages electronic submission (rather than paper copies) of the 
application form, as that is deemed the most cost-effective mechanism. 
The list of entities authorized to use GSA sources of supply will also 
be available electronically for use by schedule contractors.
Some consideration was given to requiring Federal Supply Schedule 
contractors to accept orders from State and local governments, Indian 
tribes, and the Commonwealth of Puerto Rico, but that approach was 
ultimately rejected. The foremost consideration of GSA in implementing 
cooperative purchasing is to ensure that the Federal Supply Schedule 
Program continues to be an efficient and cost-effective acquisition 
mechanism for executive agencies of the Federal Government, and it was 
felt that mandating contractor participation in cooperative purchasing 
could, in some instances, negatively impact the program. For that 
reason, it was decided to allow contractors to decide individually 
whether they want to open their contracts to cooperative purchasing, or 
to allow them not to do so. Similarly, GSA will look at each schedule 
and make a case-by-case determination that the schedule should be 
opened for ordering by State and local governments, Indian tribes, and 
the Commonwealth of Puerto Rico. This will allow GSA to exclude 
individual or classes of schedules from the program.
To militate against the potential adverse impact on dealers/ 
distributors, the proposal also provides for schedule contractors to 
maintain their dealer/distributor networks by allowing for their 
participation in the performance of schedule contracts.


Anticipated Costs and Benefits:


The Federal Acquisition Streamlining Act of 1994 authorizes the 
Administrator of GSA to require the

[[Page 62179]]

authorized non-Federal users of the Federal Supply Schedules to 
reimburse GSA for any administrative costs for using the schedules. 
Non-Federal users will be assessed the same user charge as Federal 
users. Schedule contract prices will be included in the administrative 
fee.
Federal Supply Schedule contracts are negotiated as volume purchase 
agreements, with generally favorable pricing. The ability of small 
governmental entities to order from the Federal Supply Schedules holds 
out the potential for significant cost savings for those organizations.


Risks:


None


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
ANPRM           60 FR 17764                                    04/07/95
ANPRM Comment Period End                                       06/06/95
NPRM                                                           10/00/96
Small Entities Affected:


Businesses, Governmental Jurisdictions


Government Levels Affected:


State, Local, Tribal


Procurement:


This is a procurement-related action for which there is a statutory 
requirement. There is a paperwork burden associated with this action.


Agency Contact:
Marjorie Ashby
Management Analyst
Office of Acquisition Policy (MVP)
General Services Administration
Washington, DC 20405
Phone: 202 501-3822
Fax: 202 501-3341
RIN: 3090-AF68
_______________________________________________________________________
GSA

                              -----------

                            FINAL RULE STAGE

                              -----------

138.  FEDERAL TRAVEL REGULATIONS
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 5 USC 5738


CFR Citation:


 41 CFR 201-21; 41 CFR 302-4; 41 CFR 302-5; 41 CFR 302-6; 41 CFR 302-
10; 41 CFR 302-12


Legal Deadline:


None


Abstract:


GSA proposes to amend the FTR to implement statutory and regulatory 
changes as a result of Joint Financial Management Improvement Program 
(JFMIP) recommendations and the Federal Employee Travel Reform Act of 
1996.


Statement of Need:


The JFMIP identified and addressed obstacles that impede the use of 
best travel practices in the Federal Government. GSA will implement the 
FTR changes. The major changes will be in the areas of temporary duty 
travel and Federal employee relocation reimbursement areas.
Amendment to the FTR includes:
Maximum use of Government charge cards for all travel and relocation 
expenses, but not limited to, transportation tickets (in conjunction 
with common carrier reservations), lodging, and car rentals; and 
increased use of automated teller machines (ATMs) to distribute travel 
advances and cash for out-of-pocket expenses.
A flat rate system to reimburse M&IE on partial days of travel. 
Employees will now be reimbursed a flat three-fourths of the applicable 
M&IE on partial days. This change will simplify recording of travel 
times for means and incidental expenses reimbursement.
The threshold for receipts will increase from $25 to $75 and allow 
agencies to determine receipt retention requirements. Long distance 
call certification is eliminated. Expense review is shifted to the 
approving official, and audit of vouchers will be by statistical 
sampling.
Federal agencies will outsource to Travel Management Centers TMCs) all 
travel arrangements and travel cost estimations and expense reports. 
Agencies will partner to identify requirements to develop a range of 
expanded standard services. TMCs can use management information to 
integrate agency defined cost limit controls and meet agency fire 
safety reporting requirements.
In the area of employee relocation the FTR amendments will include:
Limited relocation allowances for a temporary change of station, the 
use of cost reimbursable relocation allowances for a temporary change 
of station, and paying pre-determined travel cost for temporary 
quarters.
Predetermined travel costs will be implemented for househunting trips, 
and locality per diem will be paid for employees not using 
predetermined travel costs.
The FTR will cap the value of homes paid for in the guaranteed home 
sale program, and home marketing incentives will be allowed. Changes 
will also allow agencies to separately contract for relocation services 
including property management services.
Federal employees will be allowed to ship privately owned vehicles 
within the U.S. when authorized by their agency.


Summary of the Legal Basis:


5 USC 5724a, 31 USC 1348(b)


Alternatives:


Continue paying relocation costs and temporary duty duty station travel 
as currently done, or implement JFMIP recommendations.


Anticipated Costs and Benefits:


Implementation of these changes to the FTR will save the Government 
$760 million in administrative and direct costs. By amending the FTR, 
Federal agencies and employees will have options not previously 
available to them when they are relocating or performing extended 
assignments. These changes will ease the administrative burden on 
agencies, and it will provide more equitable reimbursement to 
employees. The changes reduce paperwork, cut red tape, and humanize the 
treatment of employees by establishing a parity with their private 
sector counterparts.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
Final Action                                                   09/00/97
Small Entities Affected:


None


Government Levels Affected:


Federal

[[Page 62180]]

Agency Contact:
Larry A. Tucker
Director, Regulatory Policy Staff (MTT)
Travel and Transportation Mgt. Pol. Div.
General Services Administration
Office of Governmentwide Policy
Washington, DC 20405
Phone: 202 501-0299
Fax: 202 208-4448
Email: [email protected].
RIN: 3090-AG11
BILLING CODE 6820-34-F