Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Rules and Regulations 48873 

GSAR 552.241–71 (currently GSAR 

552.233–71) will be relocated to this 

part. All clauses relevant to utilities 

contracts will now be located in GSAR 

part 541. The rewrite of GSAR part 541 

will provide an authority and 

prescription for use. After publication of 

this rule, PBS can add the clause back 

in their contract writing system. 

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. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The General Services Administration 

certifies that this final rule will not 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., 

because the revisions are not considered 

substantive. The revisions only update 

and reorganize existing coverage. 

C. 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 

otherwise collect information from 

offerors, contractors, or members of the 

public that require approval of the 

Office of Management and Budget under 

44 U.S.C. chapter 35, et seq. 

List of Subjects in 48 CFR Parts 541 and 

552 

Government procurement. 

Dated: August 4, 2010. 

Joseph A. Neurauter, 

Senior Procurement Executive, Office of 

Acquisition Policy, General Services 

Administration. 

■ Therefore, GSA amends 48 CFR 

chapter V as set forth below: 

■ 1. Add part 541 to read as follows: 

PART 541—ACQUISITION OF UTILITY 

SERVICES 

Subpart 541.5—Solicitation Provisions and 

Contract Clauses 

Sec. 

541.501 Solicitation provision and contract 

clauses. 

Authority: 40 U.S.C. 121(c). 

Subpart 541.5—Solicitation Provisions 

and Contract Clauses 

541.501 Solicitation provisions and 

contract clauses. 

In addition to the solicitation terms, 

provisions and contract clauses at FAR 

41.501(c), the contracting officer shall 

include the following clauses— 

(a) 552.241–70, Availability of Funds 

for the Next Fiscal Year or Quarter. As 

prescribed in 541.501, insert the clause 

552.241–70, Availability of Funds for 

the Next Fiscal Year or Quarter, instead 

of FAR 52.232–19, in all utility 

acquisitions; and 

(b) 552.241–71, Disputes (Utility 

Contracts). As prescribed in 541.501, 

insert clause 552.241–71, Disputes 

(Utility Contracts), in solicitations and 

contracts for utility services subject to 

the jurisdiction and regulation of a 

utility rate commission. 

■ 2. The authority citation for 48 CFR 

part 552 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Add sections 552.241–70 and 

552.241–71 to read as follows: 

552.241–70, Availability of Funds for the 

Next Fiscal Year or Quarter. 

As prescribed in 541.501, insert the 

clause 552.241–70, Availability of 

Funds for the Next Fiscal Year or 

Quarter, instead of FAR 52.232–19, in 

all utility acquisitions. 

Availability of Funds for the Next Fiscal 

Year or Quarter (AUG 2010) 

Funds are not presently available for 

performance under this contract beyond 

llllll. The Government’s 

obligation for performance of this 

contract beyond that date is contingent 

upon the availability of appropriated 

funds from which payment for contract 

purposes can be made. No legal liability 

on the part of the Government for any 

payment may arise for performance 

under this contract beyond 

llllll, until funds are made 

available to the Contracting Officer for 

performance and until the Contractor 

receives notice of availability, to be 

confirmed in writing by the Contracting 

Officer. 

(End of clause) 

552.241–71 Disputes (Utility Contracts). 

As prescribed in 541.501, insert 

clause 552.241–71, Disputes (Utility 

Contracts), in solicitations and contracts 

for utility services subject to the 

jurisdiction and regulation of a utility 

rate commission. 

Disputes (Utility Contracts) (AUG 2010) 

The requirements of the Disputes 

clause at FAR 52.233–1 are 

supplemented to provide that matters 

involving the interpretation of tariffed 

retail rates, tariff rate schedules, and 

tariffed terms provided under this 

contract are subject to the jurisdiction 

and regulation of the utility rate 

commission having jurisdiction. 

(End of clause) 

[FR Doc. 2010–19724 Filed 8–11–10; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

48 CFR Chapter 14 

RIN 1093–AA11 

Acquisition Regulation Rewrite 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Interior (DOI) has adopted as final an 

interim rule amending the Department 

of the Interior Acquisition Regulation 

(DIAR). This action revises the DIAR, 48 

CFR chapter 14, but does not impose 

any new requirements on DOI 

contractors. The revisions to the DIAR 

published in the interim rule became 

effective May 17, 2010. 

DATES: This rule is effective on August 

12, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Tiffany A. Schermerhorn, Senior 

Procurement Analyst, Office of 

Acquisition and Property Management, 

Office of the Secretary, telephone (202) 

513–0747, fax (202) 219–4244, or e-mail 

tiffany_schermerhorn@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: 

DOI published an interim final rule in 

the Federal Register at 75 FR 19828 on 

April 15, 2010, to revise the Department 

of the Interior Acquisition Regulation 

(DIAR) in order to update references to 

other Federal and Departmental 

directives, remove obsolete material and 

references, and clarify and streamline 

internal policies and procedures. 

The comment period closed June 14, 

2010. No public comments were 

received. DOI has concluded that the 

interim rule should be adopted as a final 

rule with no changes. 

List of Subjects in 48 CFR Chapter 14 

Government procurement. 

■ Accordingly, the interim rule 

published in the Federal Register at 75 

FR 19828 on April 15, 2010, is adopted 

as final without change. 

Dated: August 3, 2010. 

Pamela K. Haze, 

Deputy Assistant Secretary, Budget, Finance, 

Performance and Acquisition. 

[FR Doc. 2010–19891 Filed 8–11–10; 8:45 am] 

BILLING CODE P 

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