Rule2022-03808
General Services Administration Acquisition Regulation (GSAR); Extending Federal Supply Schedule Orders Beyond the Contract Term
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 24, 2022
Effective
March 28, 2022
Issuing agencies
General Services Administration
Abstract
GSA is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to incorporate existing internal GSA Federal Supply Schedule (FSS) policy concerning the option to extend the term of the contract and the performance of orders beyond the term of the base FSS contract.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 37 (Thursday, February 24, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Rules and Regulations]
[Pages 10313-10314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03808]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 538 and 552
[GSAR Case 2020-G509; Docket No. GSA-GSAR 2021-0015; Sequence No. 1]
RIN 3090-AK19
General Services Administration Acquisition Regulation (GSAR);
Extending Federal Supply Schedule Orders Beyond the Contract Term
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule amending the General Services
Administration Acquisition Regulation (GSAR) to incorporate existing
internal GSA Federal Supply Schedule (FSS) policy concerning the option
to extend the term of the contract and the performance of orders beyond
the term of the base FSS contract.
DATES: Effective March 28, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas O'Linn, Procurement
Analyst, at <a href="/cdn-cgi/l/email-protection#4d2a3e2c3f3d2221242e340d2a3e2c632a223b"><span class="__cf_email__" data-cfemail="dcbbafbdaeacb3b0b5bfa59cbbafbdf2bbb3aa">[email protected]</span></a> for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#6a2d392b380f0d390f092a0d190b440d051c"><span class="__cf_email__" data-cfemail="03445042516664506660436470622d646c75">[email protected]</span></a>.
Please cite GSAR Case 2020-G509.
SUPPLEMENTARY INFORMATION:
I. Background
GSA published a proposed rule at 86 FR 48617 on August 31, 2021, to
amend the GSAR to incorporate existing internal Federal Supply Schedule
(FSS) policy concerning the option to extend the term of the contract
and performance of orders beyond the term of the base FSS contract.
Specifically, this rule incorporates into the GSAR FSS clause I-FSS-
163, Option to Extend the Term of the Contract (Evergreen), and FSS
policy concerning standard fill-in information for paragraph (d) of FAR
clause 52.216-22, Indefinite Quantity.
II. Discussion and Analysis
A. Summary of Significant Changes
There are no significant changes from the proposed rule. However,
two minor editorial changes have been made. The two minor editorial
changes are as follows:
<bullet> Removal of the proposed changes to 517.207 from the final
rule. The reason is because 517.207 is no longer regulatory as the
section was made non-regulatory under a final rule published at 86 FR
28499 on May 27, 2021, and corrected at 86 FR 61079 published on
November 5, 2021; and
<bullet> Change the prescription language for GSAR Clause 552.238-
116, Option to Extend the Term of the FSS Contract, noted at section
538.238(d)(36). The final rule changes the prescription from ``Use in
all FSS solicitations and contracts'' to ``Use in FSS solicitations and
contracts when appropriate.'' This change recognizes that not all FSS
contracts are five year contracts with three five year options (e.g.,
VA Schedules).
B. Analysis of Public Comments
No public comments were received in response to the proposed rule.
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.
This rule has been reviewed and determined by Office of Management and
Budget (OMB) not to be a significant regulatory action and, therefore,
was not subject to review under section 6(b) of E.O. 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
[[Page 10314]]
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 has been reviewed and
determined by OMB not to be a ``major rule'' under 5 U.S.C. 804(2).
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.
Therefore, a Final 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 2020-G509), in
correspondence.
VI. Paperwork Reduction Act
This final 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 Parts 538 and 552
Government procurement.
Jeffrey Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts 538 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 538 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
0
2. Revise section 538.270 heading to read as follows:
538.270 Solicitation, evaluation, and award of Federal Supply
Schedule (FSS) contracts.
0
3. Amend section 538.273 by adding paragraphs (d)(36) and (e) to read
as follows:
538.273 FSS solicitation provisions and contract clauses.
* * * * *
(d) * * *
(36) 552.238-116, Option to Extend the Term of the FSS Contract.
Use in FSS solicitations and contracts when appropriate.
(e) Insert the following fill-in information within the blank of
paragraph (d) of FAR clause 52.216-22, Indefinite Quantity: ``the
completion of customer order, including options, 60 months following
the expiration of the FSS contract ordering period''.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Add section 552.238-116 to read as follows:
552.238-116 Option to Extend the Term of the FSS Contract.
As prescribed in 538.273(d)(36), insert the following clause:
Option To Extend the Term of the FSS Contract (Mar 2022)
(a) The Government may require continued performance of this
contract for an additional 5 year period. This option may be
exercised up to three times.
(b) The Contracting Officer may exercise the option by providing
written notice to the Contractor 30 days before the contract
expires.
(End of clause)
[FR Doc. 2022-03808 Filed 2-23-22; 8:45 am]
BILLING CODE 6820-61-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 24, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.