Rule2024-02917
General Services Administration Acquisition Regulation; Removing Small Disadvantaged Business Program Requirements To Align With the FAR
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 15, 2024
Effective
February 15, 2024
Issuing agencies
General Services Administration
Abstract
The General Services Administration is issuing a final rule amending the General Services Administration Acquisition Regulation to remove Small Disadvantaged Business Program requirements references to align with the Federal Acquisition Regulation for consistency.
Full Text
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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11748-11749]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02917]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 519 and 570
[GSAR Case 2022-G519; Docket No. 2024-0006; Sequence No. 1]
RIN 3090-AK78
General Services Administration Acquisition Regulation; Removing
Small Disadvantaged Business Program Requirements To Align With the FAR
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration is issuing a final rule
amending the General Services Administration Acquisition Regulation to
remove Small Disadvantaged Business Program requirements references to
align with the Federal Acquisition Regulation for consistency.
DATES: Effective February 15, 2024.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Curtis Hauschlidt, GSA Acquisition Policy Division, at
<a href="/cdn-cgi/l/email-protection#e7a0b4a6b5b7888b8e849ea7809486c9808891"><span class="__cf_email__" data-cfemail="db9c889a898bb4b7b2b8a29bbca8baf5bcb4ad">[email protected]</span></a> or 817-253-7858. For information pertaining to
status or publication schedules, contact the Regulatory Secretariat at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#02455143506765716761426571632c656d74"><span class="__cf_email__" data-cfemail="2d6a7e6c7f484a5e484e6d4a5e4c034a425b">[email protected]</span></a>. Please cite GSAR Case 2022-G519.
SUPPLEMENTARY INFORMATION:
I. Background
Federal Acquisition Regulation (FAR) subpart 19.12, Small
Disadvantaged Business Participation Program, and all references to it,
were removed from the FAR on October 14, 2014 (FAR Case 2009-016, 79 FR
61746). This removal followed a Federal court ruling that declared 10
U.S.C. 2323 unconstitutional. FAR subpart 19.12 derived its authority
solely from 10 U.S.C. 2323, thus necessitating its removal. While
removal from the FAR was made, no conforming changes were made to the
General Services Administration Acquisition Regulation (GSAR). Upon
routine regulatory review of the GSAR, this discrepancy was observed
and removal was determined necessary. This final rule aligns the GSAR
with the FAR.
To summarize, GSAR subpart 519.12 is removed and reserved for
future use. All mentions of GSAR subpart 519.12 are also removed, as
well as corresponding mentions to FAR subpart 19.12 and corresponding
clauses, which have been removed from the FAR. Changes made are as
follows:
[[Page 11749]]
<bullet> Removal of GSAR subpart 519.12. Reservation of GSAR
subpart 519.12.
<bullet> Removal of reference to GSAR subpart 519.12 from the table
at 570.101.
<bullet> Removal of reference to FAR clauses 52.219-24, 52.219-25,
and 52.219-26 listed at 570.701.
<bullet> Removal of reference to FAR 19.1202-4(b) from GSAR
570.306.
II. Publication of This Final Rule 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, 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 is merely
removing the Small Disadvantaged Business Program requirements from the
GSAR to better align with the FAR for consistency.
III. Executive Order 12866, 13563, and 14094
Executive Order (E.O.) 12866 (Regulatory Planning and Review)
directs 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 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing Regulatory Review) supplements and
reaffirms the principles, structures, and definitions governing
contemporary regulatory review established in E.O. 12866 and E.O.
13563. The Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB) has determined that this 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.
IV. Congressional Review Act
OIRA has determined that this rule is not a major rule under 5
U.S.C. 804(2). 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.
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).
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
VI. Paperwork Reduction Act
The 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 519 and 570
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 519 and 570 as set forth below:
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1. The authority citation for 48 CFR parts 519 and 570 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
Subpart 519.12 [Removed and Reserved]
PART 519--SMALL BUSINESS PROGRAMS
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2. Remove and reserve subpart 519.12, consisting of sections 519.1202
and 519.1202-2.
PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY
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3. Amend section 570.101 in table 1 to paragraph (b) by revising the
entry for 501 to read as follows:
570.101 Applicability.
* * * * *
(b) * * *
Table 1 to Paragraph (b)--GSAR Rules Applicable to Acquisitions of Leasehold Interests in Real Property
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501............................................................. 515.209-70 .............. 536.271
* * * * * * *
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* * * * *
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4. Amend section 570.306 by revising the introductory text of paragraph
(d) to read as follows:
570.306 Evaluating offers.
* * * * *
(d) The contracting officer may obtain information to evaluate an
offeror's past performance on subcontracting plan goals and monetary
targets from the following sources:
* * * * *
570.701 [Amended]
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5. Amend section 570.701 by:
0
a. Removing paragraph (h);
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b. Redesignating paragraphs (i) through (l) as paragraphs (h) through
(k); and
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c. Removing paragraph (m).
[FR Doc. 2024-02917 Filed 2-14-24; 8:45 am]
BILLING CODE 6820-61-P
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