Rule2022-26703
General Services Administration Acquisition Regulation GSAR); GSAR Clause Matrix Update
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
December 15, 2022
Effective
December 15, 2022
Issuing agencies
General Services Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 240 (Thursday, December 15, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#3156425043415e5d585248715642501f565e47"><span class="__cf_email__" data-cfemail="2245514350524d4e4b415b624551430c454d54">[email protected]</span></a>. 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:
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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]
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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
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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
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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
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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
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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]
BILLING CODE 6820-EP-P
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