Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Rules and Regulations 39563 

PART 63—EXTENSION OF LINES, NEW 

LINES, AND DISCONTINUANCE, 

REDUCTION, OUTAGE AND 

IMPAIRMENT OF SERVICE BY 

COMMON CARRIERS; AND GRANTS 

OF RECOGNIZED PRIVATE 

OPERATING AGENCY STATUS 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: Sections 1, 4(i), 4(j), 10, 11, 

201–205, 214, 218, 403 and 651 of the 

Communications Act of 1934, as amended, 

47 U.S.C. 151, 154(i), 154(j), 160, 201–205, 

214, 218, 403, and 571, unless otherwise 

noted. 

■ 2. Section 63.60 is amended by 

redesignating paragraph (d) as 

paragraph (g); redesignating paragraph 

(c) as paragraph (e); redesignating 

paragraphs (a) and (b) as paragraphs (b) 

and (c), respectively; and adding 

paragraphs (a), (b)(3), (d), and (f) to read 

as follows: 

§ 63.60 Definitions. 

* * * * * 

(a) For the purposes of §§ 63.60 

through 63.90, the term ‘‘carrier,’’ when 

used to refer either to all 

telecommunications carriers or more 

specifically to non-dominant 

telecommunications carriers, shall 

include interconnected VoIP providers. 

(b) * * * 

(3) The conversion of an 

interconnected VoIP service to a service 

that permits users to receive calls that 

originate on the public switched 

telephone network but not terminate 

calls to the public switched telephone 

network, or the converse. 

* * * * * 

(d) The term ‘‘interconnected VoIP 

provider’’ is an entity that provides 

interconnected VoIP service as that term 

is defined in § 9.3 of this chapter. 

* * * * * 

(f) For the purposes of §§ 63.60 

through 63.90, the term ‘‘service,’’ when 

used to refer to a real-time, two-way 

voice communications service, shall 

include interconnected VoIP service as 

that term is defined in § 9.3 of this 

chapter but shall not include any 

interconnected VoIP service that is a 

‘‘mobile service’’ as defined in § 20.3 of 

this chapter. 

* * * * * 

[FR Doc. E9–18716 Filed 8–6–09; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 502 

[GSAR Amendment 2009–10; GSAR Case 

2008–G501 (Change 38) Docket 2009–0012; 

Sequence 1] 

RIN 3090–AI90 

General Services Administration 

Acquisition Regulation; GSAR Case 

2008–0501, Rewrite of Part 502, 

Definitions of Words and Terms 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to revise 

sections of GSAR Part 502 that provide 

definitions for general words and terms. 

This section will only contain 

definitions for terms that are used in 

more than one place in the GSAR. 

DATES: Effective Date: August 7, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Edward Loeb, Procurement Analyst, at 

(202) 501–0650. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat (VPR), Room 4041, 1800 F 

Street, NW., Washington, DC 20405, 

(202) 501–4755. Please cite Amendment 

2009–10, GSAR case 2008–G501 

(Change 38). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the GSAR to 

update the text addressing GSAR 

502.101, Definition of Words and 

Terms. This rule is a result of the GSA 

Acquisition Manual (GSAM) Rewrite 

initiative undertaken by GSA to revise 

the GSAM to maintain consistency with 

the FAR, and to implement streamlined 

and innovative acquisition procedures 

that contractors, offerors, and GSA 

contracting personnel can use when 

entering into and administering 

contractual relationships. The GSAM 

incorporates the GSAR as well as 

internal agency acquisition policy. 

The GSA will rewrite each part of the 

GSAR and GSAM, and as each part is 

rewritten, will publish it in the Federal 

Register. 

This rule covers the rewrite of GSAR 

Part 502. The rule revises Part 502 to 

update the text addressing GSAR 

502.101, Definition of Words and 

Terms. The section was changed to 

reflect the merger of the Federal 

Technology Service and Federal Supply 

Service; creation of the Federal 

Acquisition Service; and deletion of the 

title Deputy Associate Administrator of 

Acquisition Policy, and introduction of 

Deputy Chief Acquisition Officer. No 

additional definitions were added. The 

GSA is publishing this as a final rule. 

The changes are considered 

administrative. 

Discussion of Comments 

The GSA published an Advance 

Notice of Proposed Rulemaking (ANPR) 

with request for comments at 71 FR 

7910 on February 15, 2006. The 

comments have been addressed in 

previous Federal Register Notices (FRN) 

based on the part to which the comment 

referred. Remaining comments that were 

not addressed in previous FRN are being 

addressed here. Following are five 

comments. 

1. Comment 

One comment was received from 

numerous small businesses stating that 

they believe the GSAR may 

unnecessarily impose an adverse 

significant economic impact on a 

substantial number of small entities and 

is concerned that any changes GSA 

might propose will fail to address the 

biggest problem affecting small business 

today. The commenter further states that 

GSA policies must address the major 

problems that continue to allow this to 

happen. The commenter’s main concern 

is that there is not enough oversight at 

the Federal level and large businesses 

have been finding loopholes that result 

in small business contracts not getting 

their fair share of Federal Government 

small business contracts. The 

commenter further states that GSA 

policies must address the major 

problems that continue to allow this to 

happen and that GSA propose policies 

to ensure that 23 percent of Federal 

contracts go to legitimate small 

businesses, as the law requires. 

Response 

The GSA non-concurs. The comment 

is outside the scope of the GSAM. The 

U.S. Government Accountability Office 

has the primary oversight for fraud, 

abuse and loopholes. Further, the GSA 

is only one agency that contributes to 

the government-wide statutory 23 

percent goal. GSA continually exceeds 

the 23 percent goal. 

2. Comment 

Another commenter recommended 

that the GSAR be revised to provide that 

contractors may apply general and 

administrative costs (G&A) to travel 

costs and other direct changes in 


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39564 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Rules and Regulations 

accordance with each vendor’s 

approved cost accounting standards 

disclosure statement. 

Response 

The GSA non-concurs. Part 31 of the 

FAR does not prescribe the types of 

direct charges, such as travel, against 

which indirect costs may be applied. 

Rather, it provides broad discretion to 

an organization in selecting the bases for 

charging indirect costs. Travel is one of 

innumerable direct costs that can serve 

as a base for the application of indirect 

costs, provided that such indirect 

charges are in compliance with the 

organization’s approved Cost 

Accounting Standards (CAS) disclosure 

statement. To the extent that travel is 

among a large number of potential bases 

for the charging of indirect costs, there 

is no compelling reason to single out 

travel in the FAR, much less the GSAR, 

as such a base. 

3. Comment 

Another commenter recommended 

that the GSAM clarify the requirement 

to establish and maintain Earned Value 

Management Systems in a manner 

consistent with current Department of 

Defense policy. 

Response 

The GSA non-concurs. Change 19 to 

the GSAM adds coverage to Part 534, 

Major Systems Acquisition, to provide 

guidance on the implementation of 

Earned Value Management Systems in 

GSA contracts. 

4. Comment 

Another commenter recommended 

revision of the GSAR to clarify the 

ability of agencies to enter into share-insavings contracts. 

Response 

The GSA non-concurs. The statute 

governing share-in-savings contracts for 

information technology expired several 

years ago. Some agencies still have 

authority to enter into share-in-savings 

contracts for other purposes, such as 

energy savings performance contracting. 

Those agencies may provide guidance 

regarding share-in-savings contracts 

pertaining to their respective agencies. 

5. Comment 

Another commenter recommended 

revising the Assignment of Claims 

clause to facilitate contractor teaming 

arrangements. The commenter further 

stated that the clause should permit one 

teammate to be the lead and issue 

invoices and accept payment on behalf 

of the other teammate(s). 

Response 

The GSA non-concurs. This change is 

outside the scope of the GSAM rewrite. 

A change of this nature would require 

a change to the FAR, not the GSAM. 

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 clarify existing coverage. No new 

definitions were added. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act 

applies; however, these changes to the 

GSAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Number 

3090–0027. 

List of Subjects in 48 CFR Part 502 

Government procurement. 

Dated: July 6, 2009. 

Rodney P. Lantier, 

Acting Senior Procurement Executive and 

Acting Deputy Chief Acquisition Officer, 

Office of the Chief Acquisition Officer, 

General Services Administration. 

■ Therefore, GSA amends 48 CFR part 

502 as set forth below: 

PART 502—DEFINITIONS OF WORDS 

AND TERMS 

■ 1. The authority citation for 48 CFR 

part 502 continues to read as follows: 

Authority: 40 U.S.C. 486(c). 

■ 2. Revise section 502.101 to read as 

follows: 

502.101 Definitions. 

Agency competition advocate means 

the GSA Competition Advocate in the 

Office of the Chief Acquisition Officer. 

Assigned counsel means the attorney 

employed by the Office of General 

Counsel (including offices of Regional 

Counsel) assigned to provide legal 

review or assistance. 

Contracting activity competition 

advocate means the individual 

designated in writing by the Head of the 

Contracting Activity (HCA). This 

authority may not be redelegated. The 

HCA must ensure that the designated 

competition advocate is not assigned 

any duty or responsibility that is 

inconsistent with the advocacy 

function. The identity of the designated 

official shall be communicated to 

procuring staff and the Senior 

Procurement Executive. 

Contracting director means: 

(a) Except in the Federal Acquisition 

Service (FAS), a director of a Central 

Office or Regional office Division 

responsible for performing contracting 

or contract administration functions. 

(b) In FAS Central Office— 

(1) The Assistant Commissioner for 

Assisted Acquisition Services or 

designee; 

(2) The Assistant Commissioner for 

General Supplies and Services or 

designee; 

(3) The Assistant Commissioner for 

Integrated Technology Services or 

designee; 

(4) The Assistant Commissioner for 

Travel, Motor Vehicle and Card Services 

or designee; and 

(5) The Assistant Commissioner for 

Acquisition Management or designee for 

support offices with contracting 

functions. 

(c) In FAS Regions, the Assistant 

Regional Commissioner or designee. 

Contracting officer’s representative 

(COR), contracting officer’s technical 

representative (COTR), or contract 

administrator means a Government 

employee designated in writing by the 

contracting officer to perform specific 

limited activities for the contracting 

officer, such as contract administration. 

Debarring official or ‘‘suspending 

official’’ means the Senior Procurement 

Executive or a designee. 

Head of the contracting activity 

means the Deputy Chief Acquisition 

Officer; Commissioners of the Federal 

Acquisition Service (FAS) or Public 

Buildings Service (PBS); or Regional 

Commissioners. The Deputy Chief 

Acquisition Officer serves as the HCA 

for Central Office contracting activities 

outside of FAS and PBS. 

Senior procurement executive means 

the Deputy Chief Acquisition Officer. 

Senior program official means a 

person reporting to, and designated by, 

the HCA to have overall program 

responsibility for determining how the 

agency will meet its needs. The official 

should have a position of authority over 

the participating offices. Examples 

include Assistant Regional 

Commissioners or Deputy 

Commissioners. 

[FR Doc. E9–19001 Filed 8–6–09; 8:45 am] 

BILLING CODE 6820–61–P 


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