Rule2022-26705
General Services Administration Acquisition Regulation (GSAR); Clarify Commercial Products and Services Contract Terms and Conditions
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 13, 2022
Effective
January 12, 2023
Issuing agencies
General Services Administration
Abstract
The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to make technical amendments to GSAR clause 552.212-4 regarding commercial items and its prescribing section. This GSAR clause is a deviation to FAR clause 52.212-4. These technical amendments update obsolete references, correct typographical errors, and make minor editorial changes to improve clarity of GSA's deviation to FAR clause 52.212-4.
Full Text
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<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76111-76112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26705]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 512 and 552
[GSAR Case 2020-G505; Docket No. GSA-GSAR-2022-0018; Sequence No. 1]
RIN 3090-AK18
General Services Administration Acquisition Regulation (GSAR);
Clarify Commercial Products and Services Contract Terms and Conditions
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is issuing a final
rule amending the General Services Administration Acquisition
Regulation (GSAR) to make technical amendments to GSAR clause 552.212-4
regarding commercial items and its prescribing section. This GSAR
clause is a deviation to FAR clause 52.212-4. These technical
amendments update obsolete references, correct typographical errors,
and make minor editorial changes to improve clarity of GSA's deviation
to FAR clause 52.212-4.
DATES: Effective January 12, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Giles and Mrs. Johnnie
McDowell, Procurement Analyst, at 202-718-6112, 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#185f4b594a7d7f4b7d7b587f6b79367f776e"><span class="__cf_email__" data-cfemail="40071301122527132523002733216e272f36">[email protected]</span></a>. Please cite GSAR Case 2020-G505.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is amending the GSAR to make several minor technical amendments
to 552.212-4 and its prescribing section to improve clarity of GSA's
Deviation to the equivalent FAR Commercial Items Clause. These
technical amendments will assist contracting offices and contractors
with understanding applicability of GSA's deviation to their specific
commercial procurement actions.
II. Authority for This Rulemaking
Title 40 of the United States Code (U.S.C.) Section 121 authorizes
GSA to issue regulations, including the GSAR, to control the
relationship between GSA and contractors.
III. Discussion and Analysis
The final rule makes general wording and cross-reference changes to
GSAR clause 552.212-4 and other related sections. For example, the
final rule corrects the prescribing section cross-referenced in the
introductory text of GSAR clause 552.212-4 from ``512.301(e)'', which
is now obsolete, to ``512.301(b)'', which is current. In addition, the
prescribed use of GSAR clause 552.212-4 is not limited to a defined
circumstance. Therefore, the final rule removes the term ``Alternate
II'' and any associated language from GSAR clause 552.212-4 to clarify
the clause is a ``Deviation'' as defined and used by FAR 1.401 and GSAR
501.4, and not an ``Alternate'' as defined by FAR 2.101. Other
technical amendments include minor grammatical corrections and minor
editorial changes to clarify the applicability of GSA's Deviation to
FAR clause 52.212-4.
IV. 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 rule is not a significant regulatory action and, therefore, is not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
V. 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. This rule is not a ``major rule'' under 5 U.S.C.
804(2).
VI. Publication for Public Comment Not Required for This Rulemaking
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, 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
GSA is not issuing a new regulation; rather, this rule merely makes
minor editorial changes to improve clarity and corrects typographical
errors and outdated cross-references in the GSAR. The rule does not
expand or shrink the universe of products or services that the
Government may procure using GSAR part 552, nor does it change the
terms and conditions vendors must comply with. This rule does not add
any new solicitation provisions or contract clauses nor does it add any
new burdens because the case does not add or change any requirements
with which vendors must comply.
VII. 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 VI. of this preamble). Accordingly, no regulatory flexibility
analysis is required, and none has been prepared.
VIII. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the
[[Page 76112]]
Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 512 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 512 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 512 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 512--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
512.301 [Amended]
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2. Amend section 512.301 by removing the third sentence of paragraph
(b).
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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3. Amend 552.212-4 by--
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a. Revising the section heading and date of the clause;
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b. Removing from the introductory text, the phrase, ``512.301(e)'' and
adding the phrase ``512.301(b)'' in its place; and
0
c. Removing the Alternate II introductory text.
The revisions read as follows:
552.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services (FAR DEVIATION 52.212-4).
* * * * *
Contract Terms and Conditions--Commercial Products and Commercial
Services (FAR Deviation 52.212-4) (Jan 2023)
* * * * *
[FR Doc. 2022-26705 Filed 12-12-22; 8:45 am]
BILLING CODE 6820-61-P
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