Rule2024-16918
General Services Administration Acquisition Regulation; GSAR Case 2024-G503; Updates to References to GSA Sustainable Leasing
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
August 2, 2024
Effective
September 3, 2024
Issuing agencies
General Services Administration
Abstract
General Services Administration (GSA) is issuing this final rule amending the General Services Administration Acquisition Regulation (GSAR) to update sustainable leasing requirement language.
Full Text
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<title>Federal Register, Volume 89 Issue 149 (Friday, August 2, 2024)</title>
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[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63108-63109]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16918]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 570
[GSAR Case 2024-G503; Docket No. 2024-0014; Sequence No. 1]
RIN 3090-AK82
General Services Administration Acquisition Regulation; GSAR Case
2024-G503; Updates to References to GSA Sustainable Leasing
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
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SUMMARY: General Services Administration (GSA) is issuing this final
rule amending the General Services Administration Acquisition
Regulation (GSAR) to update sustainable leasing requirement language.
DATES: Effective September 3, 2024.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Adina Torberntsson, GSA Acquisition Policy Division, GSA
Acquisition Policy Division, at <a href="/cdn-cgi/l/email-protection#395e4a584b495655505a40795e4a58175e564f"><span class="__cf_email__" data-cfemail="6304100211130c0f0a001a230410024d040c15">[email protected]</span></a> or 720-475-0568. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#5c1b0f1d0e393b2f393f1c3b2f3d723b332a"><span class="__cf_email__" data-cfemail="a2e5f1e3f0c7c5d1c7c1e2c5d1c38cc5cdd4">[email protected]</span></a>. Please
cite GSAR Case 2024-G503.
SUPPLEMENTARY INFORMATION:
I. Background
The General Services Administration (GSA) conducts routine reviews
of its acquisition regulations to identify outdated content and to
ensure information referenced within the General Services
Administration Acquisition Regulation (GSAR) is current.
GSA discovered that the GSAR guidance on sustainable leasing is
outdated because it references Executive Order (E.O.) 13514, Federal
Leadership in Environmental, Energy, and Economic Performance, which
was revoked on March 19, 2015, with the publication of E.O. 13693,
Planning for Federal Sustainability in the Next Decade.
E.O. 13963 was in turn revoked on May 17, 2018, with the
publication of E.O. 13834, Efficient Federal Operations. E.O. 13834 was
then revoked by E.O. 14057, Executive Order on Catalyzing Clean Energy
Industries and Jobs Through Federal Sustainability, issued on December
13, 2021.
Regardless of specific E.O. requirements, GSA leasing has a long
history adopting sustainable practices and intends to continue adopting
sustainable practices. To maintain this intent, references to E.O.s
will be removed and replaced with the word ``sustainability.''
The previous language also included an expired website; a working
website link has been included.
Small editorial changes have also been made to the text to increase
readability.
II. Publication of This Final Rule for Public Comment Is Not Required
By Statute
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 removes expired
E.O. references and making editorial updates for readability purposes.
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
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
[[Page 63109]]
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. OIRA has determined this rule is not a ``major
rule'' under 5 U.S.C. 804(2).
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 Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 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 part 570 as set forth below:
PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY
0
1. The authority citation for 48 CFR part 570 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
2. Revise section 570.117 to read as follows:
570.117 Sustainable requirements for lease acquisition.
Contracting officers must include sustainable design requirements
appropriate for the type of leasing action in the solicitations.
Contracting officers can find solicitation requirements and
instructions at <a href="https://www.gsa.gov/real-estate/real-estate-services/leasing/leasing-policy">https://www.gsa.gov/real-estate/real-estate-services/leasing/leasing-policy</a> under the ''Sustainability Policies'' tab and
within the applicable Leasing Desk Guide chapter to assist them in
complying with GSA's sustainable requirements.
0
3. Revise section 570.117-1 to read as follows:
570.117-1 Federal leadership in environmental, energy, and economic
performance.
In order to create a clean energy economy that will increase our
Nation's prosperity, promote energy security, protect the interests of
taxpayers, and safeguard the health of our environment, GSA will
accomplish all sustainability requirements described in 570.117-2 that
apply to lease acquisitions.
570.117-2 [Amended]
0
4. Amend section 570.117-2 in the introductory text by removing
``comply'' and adding ``complies'' in its place.
[FR Doc. 2024-16918 Filed 8-1-24; 8:45 am]
BILLING CODE 6820-61-P
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