General Services Administration Acquisition Regulation (GSAR); Updates to the Issuance of GSA's Acquisition Policy
| Published date | 16 July 2019 |
| Citation | 84 FR 33858 |
| Record Number | 2019-15056 |
| Section | Rules and Regulations |
| Court | General Services Administration |
Federal Register, Volume 84 Issue 136 (Tuesday, July 16, 2019)
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33858-33860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15056]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 501
[GSAR Change 102; GSAR Case 2016-G509; Docket No. GSA-GSAR-2019-0009;
Sequence No. 1]
RIN 3090-AJ83
General Services Administration Acquisition Regulation (GSAR);
Updates to the Issuance of GSA's Acquisition Policy
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Direct final rule.
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SUMMARY: The General Services Administration (GSA) is issuing this
direct final rule to amend the General Services Administration
Acquisition Regulation (GSAR) to remove internal agency guidance
regarding deviations from the Federal Acquisition Regulation (FAR) and
General Services Administration Acquisition Manual (GSAM) and move it
to GSA's non-regulatory acquisition policy.
DATES: This final rule is effective on September 16, 2019, without
further notice unless adverse comments are received by August 15, 2019.
ADDRESSES: Submit comments in response to GSAR Case 2016-G509 by any of
the following methods:
[[Page 33859]]
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``GSAR
Case 2016-G509''. Select the link ``Comment Now'' that corresponds with
``GSAR Case 2016-G509.'' Follow the instructions provided on the
screen. Please include your name, company name (if any), and ``GSAR
Case 2016-G509'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd
floor, Washington, DC 20405.
Instructions: Please submit comments only and cite ``GSAR Case
2016-G509'' in all correspondence related to this case. All comments
received will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Thomas O'Linn, Procurement
Analyst, at 202-445-0390, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite GSAR Case 2016-G509--
Updates to the Issuance of GSA's Acquisition Policy.
SUPPLEMENTARY INFORMATION:
I. Background
As part of GSA's regulatory reform efforts, GSA has been performing
a comprehensive review of the regulatory requirements in the GSAR. As a
part of these efforts, GSA identified internal agency guidance on roles
and responsibilities on issuing GSA acquisition policies and approval
requirements that need to be moved to GSA's non-regulatory acquisition
policy located with the GSAM. Additionally, GSA identified other
administrative aspects of GSAR part 501 that needed updating as well.
As a result, GSA included as part of the Fall edition of the Unified
Agenda of Federal Regulatory and Deregulatory Actions in the Federal
Register at 83 FR 57803 on November 16, 2018 its intention to publish a
final rule notice in the Federal Register.
II. Discussion and Analysis
Federal Acquisition Regulation (FAR) 1.301(a)(2) provides an agency
head the ability to issue or authorize the issuance of internal agency
guidance at any organizational level (e.g., designations and
delegations of authority, assignments of responsibilities, work-flow
procedures, and internal reporting requirements). Furthermore, FAR
1.301(b) states that publication for public comment is not required for
issuances under FAR 1.301(a)(2).
GSA's implementation and supplementation of the FAR is issued in
the GSAM, which includes the GSAR. The GSAR contains policies and
procedures that have a significant effect beyond the internal operating
procedures of GSA or a significant cost or administrative impact on
contractors or offerors (see FAR 1.301(b)). Relevant procedures,
guidance, instruction, and information that do not meet this criteria
are issued through the non-regulatory portion of the GSAM and other GSA
publications.
As a part of GSA's comprehensive review of its regulatory
requirements in the GSAR, internal agency guidance was identified
within GSAR subpart 501 that could be moved to GSA's non-regulatory
acquisition policy of the GSAM. This internal guidance does not have a
significant effect beyond the internal operating procedures of GSA or a
significant cost or administrative impact on contractors or offerors
(see FAR 1.301(b)). As a result, this action represents an
administrative clean-up to remove internal agency guidance from the
GSAR and move it to GSA's non-regulatory acquisition policy. The
benefit of moving this from the GSAR to the GSAM is that it is easier
and more efficient to update internal operating procedures as
necessary. With the increasing pace of change in technology and
business process, this change makes it easier to keep the most-up-to-
date procedures in place.
The amendments to GSAR part 501 are minor and reflect needed
changes to bring the language up-to-date.
III. 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. This rule is
not a major rule under 5 U.S.C. 804.
IV. Executive Order 13771
This final rule is not subject to E.O. 13771, because this rule is
not a significant regulatory action under E.O. 12866.
V. Regulatory Flexibility Act
GSA does not expect this final rule to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this is
a noncontroversial action that only impacts the agency's internal
operating procedures, and GSA anticipates no significant adverse
comments.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. GSA invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
GSA will also consider comments from small entities concerning the
existing regulations in subparts affected by the rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C 610 (GSAR Case 2016-G509), in
correspondence.
VI. Paperwork Reduction Act
This 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 Part 501.
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Governmentwide Policy, General Services Administration.
Therefore, GSA amends 48 CFR part 501 as set forth below:
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
0
1. The authority citation for 48 CFR part 501 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
501.104 [Amended]
0
2. Amend section 501.104 by removing paragraph (d).
[[Page 33860]]
0
3. Amend section 501.105-1 by revising paragraph (a) and removing
paragraphs (c) and (d).
The revision reads as follows:
501.105-1 Publication and code arrangement.
* * * * *
(a) The Federal Register at https://www.federalregister.gov/.
* * * * *
0
4. Revise section 501.105-3 to read as follows:
501.105-3 Copies.
Copies of the GSAR may be purchased from the Government Printing
Office at https://www.gpo.gov/. The GSAR is also available
electronically at https://www.ecfr.gov/ or at https://www.acquisition.gov under the agency supplements tab.
Subpart 501.4 [Removed]
0
5. Remove subpart 501.4, consisting of 501.402 through 501.404-71.
[FR Doc. 2019-15056 Filed 7-15-19; 8:45 am]
BILLING CODE 6820-61-P
